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Tree

My neighbor's tree fell on my house, fence or car. Who pays?

Short answer: In California the owner of a tree that falls onto a neighbor's property is liable only if they were negligent: they knew, or a reasonable owner would have known, that the tree was hazardous and did nothing. A healthy tree that fails in a storm is an act of God and each owner's insurer handles their own damage. Everything turns on the condition of the tree before it fell, which is why the physical evidence has to be examined and photographed before it is hauled away.

What is actually happening

Trees fail in predictable ways, and each leaves a signature. Root-plate failure exposes the roots and the soil they were in: decayed, girdled, cut by trenching, or saturated. Trunk failure shows the cross-section: sound wood, a decay column, a cavity, included bark at a fork. Limb failure shows the attachment. A consulting arborist can usually read from the break whether the defect was there before the wind arrived and whether it was visible from the ground.

The owner's defense is almost always "it looked fine." Sometimes that is true. Often the evidence says otherwise: fruiting bodies of a decay fungus at the base, a dead top, a pronounced lean that appears in last year's street-view image, a prior trenching cut for a utility. The report finds and dates that evidence.

What California law says

What your city adds

If the tree was protected under a city ordinance, the owner may have needed a permit to remove it even if they wanted to, and some owners point to that. It is not a defense to negligence: Bay Area cities issue permits for hazardous trees, often expedited, and several require only an arborist's letter. Whether a permit path existed is a fact the report can state.

What the report does for you

  1. Examines the failed section in place: decay, cracks, included bark, root condition, soil, prior wounds.
  2. Reconstructs pre-failure condition from what remains, from earlier photographs you or neighbors have, and from dated aerial and street imagery.
  3. Identifies the failure mode and contributing factors, including recorded weather on the date.
  4. States whether the defect would have been visible to a reasonable owner, and whether an arborist inspection would have identified it.
  5. Delivers dated, numbered photographs and measurements in a format adjusters and attorneys use.

Cause & Condition Report, from $950; 48-hour turnaround available. Scope → If the fallen tree was yours and the neighbor is claiming, the same report tells you where you stand.

What to do today

  1. Make it safe and photograph everything before anyone touches it: the break, the base, the roots, the whole tree, the damage. Dozens of photos, with scale.
  2. Hold the debris. Ask the owner and any contractor not to grind the stump or remove the trunk until it has been examined. Put that in a text so it is dated.
  3. Notify your insurer and tell the adjuster an arborist is examining pre-failure condition.
  4. Text (415) 881-0124 with photos. We can usually be on site within 2 to 3 days. Intake form →

Sources

  1. California negligence principles as applied to trees: duty of reasonable care of a landowner, including for natural conditions, Civil Code § 1714(a). Civil Code § 1714.
  2. California Civil Code § 833, ownership.
  3. Code of Civil Procedure § 338, three-year limitations period for injury to real property.

Questions people ask

The tree was obviously dead. Doesn't that settle it?

It helps a lot, if it can be shown. Dead wood, fungal conks, a hollow trunk or an old lean visible in earlier photographs are the kind of evidence that establishes the owner should have known. The report documents it before cleanup destroys it.

It fell in a storm. Is that an act of God?

Weather is a defense only if the tree would not have failed without it. A sound tree that fails in a 60 mph gust is an act of God; a decayed tree that fails in a 25 mph breeze is not. The Cause & Condition Report addresses exactly that.

Should I file with my insurer or theirs?

File with yours first so repairs start; your carrier can pursue the neighbor's carrier (subrogation) if negligence is shown. Give your adjuster the arborist report.

Who removes the tree?

Generally each owner removes the part on their land, and the cost follows the liability answer. Do not let anyone grind the stump or haul the trunk until the failed section has been examined and photographed.

How long do I have?

Property damage claims in California generally carry a three-year limitations period, but insurers want notice promptly and evidence disappears in days. Call now.

When you need a lawyer instead of (or as well as) an arborist

Call a California attorney first if a lawsuit has already been filed, if the damage is over the small claims limit and the other side will not negotiate, or if the dispute is really about where the property line is. We work alongside attorneys every week and the report is written to be used in that setting, but we do not give legal advice and we do not opine on property lines. How we work with attorneys →

Get an independent arborist's report on the tree between you and your neighbor

Text or call with the address and what is happening. We tell you on the call whether a report will help, what it costs, and when we can be there. Site visits within 7 days of booking.

Text usIntake form