My neighbor's tree is damaging my property — what can I do? Here’s what the experts say

When colder, wetter weather arrives, it's important to prepare our homes and yards for the harsh conditions ahead. This includes tasks like trimming trees and overgrown branches, as well as winterizing sheds and garages. However, a neighbor's tall tree can sometimes cause damage to your property over time. A friend of mine encountered this issue when a neighbor's tree hit his brick outbuilding in strong winds, causing damage to the roof and wall, which eventually affected the structural integrity of the building.

Determining whether the damage is minor or indicative of larger structural problems is crucial. To assess the situation, Matt Brown, Broker Associate at William Raveis Real Estate, recommends consulting with an arborist or a professional who specializes in structural issues. Having a professional opinion will help identify the cause of the problem and prevent future damage.

When approaching your neighbor about the issue, it's essential to communicate calmly and early in the process to prevent potential disputes. Presenting the evidence you've collected and discussing potential solutions with them can lead to a mutually agreeable resolution. According to Andreas Study, Section Lead for Insurance Claims at Farah & Farah, your home insurance policy would likely cover the costs associated with the damage, as long as it's documented.

If you suspect major damage, your insurance company will have 60 days to make a claim decision. They may even file a subrogation action to collect money from your neighbor or their insurance company. However, it's always best to avoid reaching the legal dispute stage by having a calm and open conversation with your neighbor first. This approach can help maintain a good relationship and potentially avoid unnecessary legal complications.