These days, trees can be a source of liability for Ohio homeowners. Wind and storm damage, including damage from toppled trees and broken limbs, is a top reason for homeowner’s insurance claims. As a result, insurance companies are giving trees the stink eye when they perform property inspections. Trees growing too close to the house, or trees that have limbs reaching over the house, are seen as a risk. An insurance company may demand the trimming or removal of such trees in order to issue, or continue, the homeowner’s policy.

Depending on the size of the trees and their proximity to buildings, power lines, etc., tree trimming or removal can cost anywhere from a few hundred dollars to thousands of dollars. If you find yourself removing trees to satisfy an insurance company, be sure to use a licensed and insured professional. Improper trimming can weaken or destroy an otherwise healthy tree. Careless tree removal can cause damage to your home, or to a neighbor’s!

Ohio home ownership and tree liability

You can’t cut down your neighbor’s trees, but Ohio typically allows you to trim branches that cross over your property line. You must use reasonable care to avoid causing damage to the tree’s health.

In Ohio, the owner of the property where a toppled tree lands is generally responsible for the damage and cleanup. If the tree was healthy and fell during a storm, it is considered an act of nature, with no blame. Your homeowner’s insurance should cover your repair expenses, even if it wasn’t your tree that caused the damage.

However, the homeowner who has ownership of the tree can be held liable if negligence was involved. For example, if a tree was obviously diseased, dead or dying, a reasonable person would be expected to take action before the tree caused a problem.

Proving negligence can be tricky. If your home is threatened by an unhealthy tree that resides on the neighbor’s property, don’t wait for disaster. Provide your neighbor with a friendly, factual letter about the tree’s condition. Follow up with more letters if needed; keep copies. If you experience property damage from the tree before it gets removed, you can prove your attempts to alert your neighbor. This will help your case with the insurance company. Please note, nothing here is intended as legal advice. Direct any liability questions to an attorney.

We hope this information is helpful! As Exclusive Buyer’s Brokers, we serve your best interests at all times! Unlike real estate agents and brokerages who represent sellers, as an Exclusive Buyer’s Broker, we only represent you, the buyer, getting you the best price and terms with no conflict of interest, at all times.

Understanding this distinction could literally save you thousands of dollars not only on the purchase price and terms, but also on seller concessions and home inspection issues, whether you are a first-time homebuyer or an experienced homeowner!

Contact us with your home buying questions! Remember, we are with you every step of the way…all the way home!

Andrew Show
Exclusive Buyer’s Broker, CEBA-M, MCNE, CSP, PSA,e-PRO, CREM, ABRM, AHWD
Buyer’s Resource Realty Services www.BuyersHome.com
Serving Metro Columbus, Ohio with Exclusive Buyer’s Agents
7100 North High Street, Suite 204, Worthington, Ohio 43085
614-888-4110 | 888-888-4110 Toll Free | 614-839-4110 Fax