The neighbor’s tree

If it has already fallen

Most of the time the claim goes to your own policy, even though the tree was not yours. The Texas Department of Insurance explains why:

their homeowners policy probably won’t cover the damage and tree removal, unless your neighbor was at fault.

Texas Department of Insurance

A storm is nobody’s fault. If the neighbor’s policy does not pay, the department says, you can file a claim under your own. The Oklahoma Insurance Department adds that if your insurer pays and then recovers the money from the other side, you may get your deductible back.

Photograph the tree where it lies, including the stump or the root plate on the neighbor’s side, before anything is moved. Pictures of rot, a hollow trunk or dead branches matter if fault comes up later.

When a neighbor can be at fault

Fault usually turns on whether the owner knew. In the Oklahoma department’s words, “if your neighbor is notified that their tree is a safety concern and nothing is done, your neighbor could be considered negligent.” The International Society of Arboriculture makes the same point from the owner’s side: “It is a tree owner’s responsibility to ensure the safety of others when around trees on their property.”

If it is still standing and looks dangerous

Talk to the neighbor first, and then put it in writing: a short, dated note or email saying which tree, what you have seen and what it hangs over. Photographs of dead limbs, a lean toward your house or mushrooms at the base help. The ISA checklist of warning signs is a good list to work from. A dead tree · A leaning tree

What you may cut yourself, such as branches crossing the property line, is set by state and local law, and it varies. Nothing here is legal advice; if it comes to that, ask a local attorney.

Getting it removed

When a neighbor’s tree is lying on your house or across your yard, it still has to be taken off before repairs can start. A crew working from your side can usually do that, and the bill goes to whichever insurer accepts the claim, or is settled between neighbors. Say on the call whose tree it is; it changes nothing about the work, but it matters for the paperwork.

Updated 2026-10-11.