It’s a dilemma in Sarasota and across South Florida. We love the beauty of tall trees, and even rely on them to provide some shady relief through sun-drenched summer months.

But the downside of a tree close enough to provide shade is that we also experience some pretty heavy storms, and sometimes, these trees can fall.

If a tree falls on your home, it can be a source of major stress. If your tree falls on someone else’s roof, it is a different type of stress entirely.

Given the possible scenarios, who pays when a tree falls on a roof?

If a Tree Falls

During our storm season, trees fall for three main reasons (or a combination of them). First, daily rains can cause the tree to lose stability as the ground becomes more and more saturated. A tree which is decaying or diseased may more easily fall over when it meets with wind or rain.

And of course, although winds strong enough to fell trees are not as common, they are still a possible reality every year during hurricane season.

A few questions will need to be answered before you know who is liable for any damage incurred when a tree falls.

• Who Owns the Tree? The ownership of a tree is generally determined by the position of the trunk. If the trunk of the tree resides on your side of the property line, it is your tree – even if most of the branches and canopy benefit your neighbor’s property. Often, however, trees are located directly on the property line as a delineation, and ownership is not a factor is deciding who pays.
• Whose Property Was Damaged? If the tree is yours and it causes damage to your home, your homeowner’s policy is likely to pay for the roof repair.

  However, if the tree is yours and it falls on your neighbor’s roof, are you responsible? Surprisingly, in most cases you will not be held responsible for an “Act of God” even if your tree falls on someone else’s roof.

  In that case, the homeowner would generally invoke their own policy.

• Was Negligence Involved? There is one situation in which it may be determined that you are in fact responsible for damage to your neighbor’s home or property. If the tree that fell was diseased, dead, or otherwise compromised and posed an obvious threat of falling, you may be found liable.

  If your neighbor had repeatedly complained about the branches of your tree leaning on his roof and you did nothing about it, you will likely be found liable in small claims court.

It’s important to remember that all insurance policies are different. If you have tall trees in proximity to your home, you should call your insurance agent to determine what, if any, coverages you have as they pertain to your property.

Some policies cover only the home and not other property (such as cars or swimming pool enclosures) so it is important to understand exactly what your policy coverages are.

There is no need to fear having trees in your yard, but do keep an eye on their growth and health. If a tree has gotten too close to your roof, or is showing signs of decay, call a professional to remedy the situation as soon as possible.

Should a tree fall on your Sarasota roof and you need quick repair, call Avery Roof Services. We provide quality roof repair, replacement and installation services to south Florida homes and businesses – you can trust us with the roof over your head.