Local

Who’s responsible if a neighbor’s tree falls into your yard during a storm?

SANDWICH, Mass. — When the Nor’ester tore through Cape Cod on October 26, Judith Holt lost more than just power.

“So this tree is 175-year-old American Elm. It was the crown jewel of the elm trees in town.” That crown jewel now lies in a giant heap in Holt’s yard in Sandwich.

The Nor’easter uprooted the tree, which she claims is on town property. Half landed in her yard, the other half on her neighbor’s house. A crew contracted by the power company removed the tree so they could restore power to the street. They placed the massive pile in Holt’s yard. Holt may have to pay to clear it since the debris is on her property.

“As of right now we’re responsible for that, $20,000. You know $20,000 adds up,” Holt said.

Under Massachusetts’ Fallen Tree Law wherever the tree landed, that person is responsible for dealing with it, regardless of where the tree came from. In the insurance industry, it’s referred to as an Act of God.

“If there’s no negligence of the owner of the tree, so if my neighbor’s tree falls on my property and damages my roof, my policy or I, am responsible for removal and damage to the property,” said Helena Amorim, owner of the Insurance Agency of Cape Cod.

But Amorim says if there was negligence like the tree is visibly diseased or damaged, the owner of the tree may likely be held liable.

She also recommends that if you’re concerned your neighbor’s tree may be diseased or damaged, put your concern in writing to your neighbor in an email or certified letter. That way you can protect yourself in case of storm damage.

For Judith Holt, even though she may be facing a potentially big clean-up bill, she’s counting her blessings.

“Thank God we’re all okay. Thank God no one was killed, we’re very grateful for that,” she said.