When a tree falls on your property, who is responsible for the damage? The answer most good attorneys would give is: “It depends.” In a recent case, a homeowner sued his homeowner’s association for damages to his property when a tree from the common area fell onto his property during a storm. The court found in favor of the homeowner’s association, stating that the homeowner’s association has a duty of reasonable care in the maintenance of the common area. It held that if a visual inspection of the property by a reasonable person would not have disclosed the dangerous condition, the association would not be liable for property damage caused by the fallen tree. Conversely, if a reasonable person would be able to tell that a tree is dangerous just by looking at it, then the property owner would be responsible for any resulting damage.
Suppose you have a diseased tree, ready to fall, and you elect to take your chances and not have it cut down. Can you be forced to remove the tree? Under the Second Class Township Code, the board of supervisors of a township may remove roadside trees which may become a source of danger to the public. The township also has the authority, by ordinance, to require a property owner to cut and remove a tree located on his or her property if the condition of the tree unreasonably affects or interferes with the health, safety or welfare of the public or the right of the public to the unobstructed use of public roads or property. The township may enter the property to cut down the tree if the owner fails to do so within 30 days of notice. Not only that, the cost of removal is still the owner’s responsibility.
If you live in a heavily wooded area, the law expects you to inspect your property, including trees, for dangerous conditions. Failure to do so can be negligence, and in some circumstances, your own insurance policy may not cover you for your own negligence.
— Denise Ciampitti