We have suffered a fair amount of tree damage based on our recent weather in Central Massachusetts. Hurricane Irene was responsible for many downed trees and significant power outages across the region in September. Many homes were without power for more a week or more. As soon as we recovered from Hurricane Irene, a major Nor’easter dropped a 6′ to 30′ surprise snow storm, while the trees were still in full leaf. No great fall colors this years. If the leaves did not turn brown and fall off from Hurricane Irene, then the snow storm broke or weakened many other trees. More branches and trees were responsible for downed power lines. Now we hear the sound of chain saws as people clear the damage and gather wood for the wood stove. Because we have so many more weakened trees, we may face future issues with our neighbors.

Sterling and some of our surrounding towns are very blessed to have municipal light companies to take care of our downed power lines, and they came through again for us.  Power across most of the town was up very quickly, and some of us never lost any services.  Go Sterling Municipal Light Company!  Many people in other areas are ready to lynch National Gird!!

What to Do About Falling Trees

If a neighbor’s tree damages your property, your insurance company should pay to repair the damage, then decide whether to seek reimbursement from your neighbor.

When a neighbor’s tree falls over your property line, yell TIMBER, then call your insurance company. Home owners policies cover tree damage caused by perils like wind and winter storms. Most policies cover hauling away tree debris if the mess is associated with house damage; some will cover cleanup even if no structures were harmed.

When a tree falls Your neighbor is responsible when a tree falls over your shared property line only if you can prove he was aware that his tree was a hazard and refused to remedy the problem. Regardless, your insurance company restores your property first, and later decides whether or not to pursue reimbursement from the neighbor or his insurer if the neighbor was negligent in maintaining the tree.

Before a Tree Falls

Write a letter to your neighbor before his dead, diseased or listing tree falls through your roof or over your property line. The letter should include:

• Description of the problem

• Photographs

• Request for action

• Attorney letterhead—not necessary but indicates you mean business.

Trim Their Trees

If the limbs of a tree hang over your property line, you may trim the branches  up to the property line, but not cut down the entire tree. If a tree dies after your little pruning, the neighbor can pursue a claim against you in civil or small claims court. Depending on the laws of your state, your neighbor may have to prove the damage was deliberate or caused by negligence, but may also be able to recover up to three times the value of the tree.

Before you cut, tell your neighbors what you intend to do to protect your property. They may offer to trim the whole tree instead of risking your potentially poor job, which would be very good for you.

Your Tree Falls

It’s always a good idea to take care of your big and beautiful trees, and keep receipts for trimmings and other care. But if your tree falls over a neighbor’s property line, do nothing until their insurance company contacts you. You may not be liable unless you knew or should have known the tree was in a dangerous condition. If you pruned a tree or shored up trunks to prevent problems, gather your receipts to prove your diligence.

Trees provide our homes great value and it is very important to take good care of them.  The visual value as well as the financial value is well worth the investment of time and money.