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Posted: September 12, 2017

If your neighbor's tree falls in your yard, who pays for cleanup?


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By Merlisa Lawrence Corbett, The Atlanta Journal-Constitution

If a tree falls in your yard, what you do next could save you money, a limb and maybe even your life.

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According to Trees Atlanta, the metro area has the nation's highest "urban tree canopy," defined as the layer of leaves, branches and stems of trees that cover the ground when viewed from above.

During the stormy summer months, fallen trees are fixtures in metro Atlanta's landscape. The steps you take after a tree falls can mean the difference between headache and heartache.

The first thing to do is call your homeowners insurance agent, said Bob Delbridge, owner of 404-Cut-Tree, one of the largest tree service companies in the Atlanta area.

"Occasionally we will deal directly with the insurance company. But that's more likely if there is a storm that covers a large area, like a whole neighborhood." Delbridge said. "Typically, the homeowner deals with their own insurance company."

Where the tree falls determines who pays for what. "Almost everyone is surprised when we tell them, the way the law works is, wherever the tree landed, that person is responsible for dealing with it regardless of where the tree came from."

That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem.

Once the insurance agent gives the green light, the homeowner is responsible for hiring contractors. Homeowners can save money cutting up the tree themselves and then hiring someone to simply remove logs and branches. However, unless skilled with a chainsaw, owners should leave tree removal to professionals, Delbridge said.

"Typically, if the homeowners are out there with chainsaws, we'll talk to them about some basic safety information. This might save somebody's leg," he said. "There are just very easy steps to take that could really minimize injuries."

He recommends people wear protective chapssafety glasses and other gear.

"It's a federal law that commercial tree cutters wear chaps whenever they handle chainsaws on the ground. All the established companies do this," Delbridge said. "The most common injury caused by the chainsaw is an injury to the leg."

These chaps are available at retailers like Lowe's and online. "They are made of material that will stop the chainsaw blade even when it's turning at full speed without even bruising your skin." he said. "Protective glasses will help you avoid eye injuries from flying splinters."

Cutting up a fallen tree is not a DIY project for amateurs. "They might avoid paying the tree cutter some money, but they'll probably end up paying the emergency room," Delbridge said. "It's very dangerous to cut trees, and storm situations are the most dangerous. It really depends on the skill of the owner."

Even those skilled with power tools need to take precautions before tackling a fallen tree. "Whenever trees are down, the first thing to do is look for power lines." Delbridge said. "Believe it or not, trees conduct electricity, and every year there are so many people that are electrocuted by touching a branch that is also touching a live power line."

Delbridge cautioned homeowners to be wary of branches that may be bent beneath a fallen tree. "They can really have a powerful spring effect. Another common injury happens when someone cuts a branch and the tree jumps because they've reduced the weight, and the tree falls on someone. They could lose a leg or their life."

Lataunya Tilstra, an insurance agent with New York Life, said depending on the extent of damage, a homeowner might need several contractors to finish the job. One of her neighbors recently had a tree fall on her house.

"She had to call the tree service first. Then she needed a roofer, and she'll need a builder to rebuild the part of her house that was damaged. So she has several moving parts."

Speaking of insurance claims, most policies cover only damage if the tree falls on a part of the home. "Sometimes the fallen tree can cover your whole yard, and they're not going to help you with a dime of it unless it's actually on a patio, the fence, house or garage," said Corey Cargle, owner of Steve's Tree and Landscape Service in Atlanta.

"I had one homeowner's insurance company turn one of my customers down for a tree that was hit by lightning. It was uprooting, splitting, leaning all over her house and was ready to fall. But they would not approve of any preventive work to remove the tree before it damaged the home," Cargle said. "They basically told (the homeowner) to take care of it or it would be negligent because she knew the tree was about to fall. In hindsight, the homeowner should have waited and let the tree fall on the house I guess, and saved themselves thousands. Insurance companies can be rough."

Cargle recommends you take plenty of pictures. "If it leaves your property and hits someone's home, car or anything else, it's off you. It becomes their tree. A lot of people call us and say, ‘Hey, this tree fell from my neighbors house into our yard, and I want you to give us an estimate and we'll give it to them,’ but it doesn't work like that."


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