When a neighbor’s tree falls onto your own property, it’s not just annoying. There is also the question of who will pay for the damage.
Extreme weather can pose a serious threat to life and limb as well as cause damage to your own property. This also raises legal questions. For example, what applies if a neighbor’s tree falls on your property? Since such weather events are likely to become more frequent due to global warming, such questions are particularly relevant today. We take a look at the legal situation.
The following situation: A storm causes devastation, luckily you are not injured, your neighbor is also fine. However, one of his trees fell and fell onto your property. He has caused damage to your property, for example to the roof of your house or your car. Does the neighbor or his insurance company have to pay for it or do you have to pay for it yourself?
The basic rule is: If your neighbor’s tree falls on your property due to force majeure, such as a storm, and causes damage, your home insurance company is responsible for paying for it.
However, your neighbor is subject to the so-called traffic safety obligation. This means: He must ensure that his tree does not pose a danger to others. If he has not done this, he will have to pay for the damage caused by the tree.
If your neighbor’s tree falls and causes damage to your property, the most important thing is whether your neighbor has maintained it adequately. The basis for this legal situation is the BGB (Civil Code), in particular paragraph 823 on the obligation to pay damages.
In reality, however, the legal situation is often more complicated. If such a case occurs to you, you should first document the damage in detail, ideally with photos. Then inform your insurance company about the case. Additionally, do not hesitate to seek professional legal advice. Especially if you are unsure who will have to pay for the damage or think that your neighbor will have to pay compensation.
