file photos by Boyd Loving
the staff of the Ridgewood blog
Ridgewood NJ, when storms strike and trees come crashing down, New Jersey homeowners are often left wondering: Who foots the bill when a neighbor’s tree damages your property?
While the age-old question asks, “If a tree falls in the forest and no one is around to hear it, does it make a sound?” today’s property owners are more likely asking, “If a tree falls from my neighbor’s yard onto mine, who pays?”
Tree Damage Liability: What NJ Homeowners Should Know
With recent high winds and severe storms sweeping across New Jersey, tree-related damage is a growing concern. According to legal and insurance experts, the responsibility for damages often depends on where the tree lands and its condition before falling.
💰 General Rule: You Pay If the Tree Falls on Your Property
In most cases, the property owner where the damage occurs is responsible, regardless of where the tree originally stood. That means if a neighbor’s tree falls onto your shed, fence, or even your home, you are likely on the hook for the cleanup and repairs.
According to the Ross Maghan Agency in Middletown, NJ:
“You are responsible for your property that was damaged, regardless of whose property the tree was on.”
This also applies to non-structural damage—such as crushed shrubs, trees, or lawn decorations.
⚠️ Exception: Dead or Neglected Trees
There is one key exception: If the tree was dead, dying, or clearly neglected, the neighbor who owned the tree may be found negligent and held liable for damages.
The Cohen & Riechelson law firm in Hamilton notes that if there is proof of a diseased or dangerous tree that the neighbor ignored, you may have a valid claim to have them cover the damages.
🪓 What If the Tree Was Being Cut Down?
If a tree is being removed or trimmed and falls accidentally, the contractor or person cutting it may be held liable—but only if negligence can be proven. Otherwise, the burden still typically falls on the homeowner whose property sustained the damage.
🏛️ What If It’s a Municipal Tree?
If a tree owned by the town or municipality falls and causes damage, homeowners are advised to contact local officials immediately.
Municipalities may be liable only if they had prior knowledge that the tree was unhealthy or posed a threat.
🌩️ Steps to Take After Tree Damage
If you’re dealing with tree damage in NJ:
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Take photos of the damage immediately
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Note the time and date of the incident
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File a report with your insurance company
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Contact local authorities if the area is unsafe
If the damage appears to stem from a neglected or dead tree, you may wish to consult with an attorney or insurance agent to explore possible negligence claims.
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That happened to us, a neighbor’s large tree came into our yard taking with it a telephone pole, power lines, our shrubbery and outdoor lighting. Luckily, no damage to the home. Sadly, we had to foot the bill of the entire cleanup with insurance reimbursing us for the a portion of the cleanup of the tree only, minus our deductible. To get our property back to normal, it cost us thousands. The kicker was that the PSE&G crew who cut the downed tree in the street put all of the large pieces of the tree on our property, instead of on the property of the neighbor who owned the tree. Not only did we have to clean up what landed on our yard, we had to pay for the removal of the large pieces that were placed onto our property by PSE&G. Big storms=big expenses!
Did the neighbor offer to compensate you in any way? What’s your relationship with that neighbor?
We are very neighborly, as opposed to friends, but no they did not.
That’s not right. They should have paid.
What if your tree branch broke their car’s windshield.
I’m quite sure they would expect YOU to pay.
That’s bull shit.
The person’s tree that falls down on any other property should be responsible of paying for any repairs and cleanup. That’s bullshit.
My neighbor had a tree that was a hazard to my home and was obviously unhealthy. I hired a tree company to removed the branches overhanging my home, and they said ‘dont waste your money, the tree is dying’ and suggested a hire an arborist to get a professional opinion, and have my lawyer compose a letter. I prefer not to have an adverserial situation with an abutter, so I voiced my concerns. Neighbor didn’t want to spend the money to remove the obviously unhealthy tree. after a year of him doing nothing, I said my plan was to pay my tree company to remove the branches overhanging my home posing a hazard, HOWEVER, in the interest of cooperation I’d be willing to contribute that amount towards the removal of the tree if it happens in weeks, not months. The deal was too good for him to refuse and I paid up and the tree is gone thankfully before it destroyed my house or theirs. I didn’t think it was appropriate for me to have to pay since the hazard was their fault not mine, but for the $$$ I sucked it up , paid, and got rid of it. We still get along (but the right thing would have been for them to remove it at their expense) Upon removal it was evident that there were many dead huge limbs and the major trunk had center rot. We both got lucky it didn’t fall
How can a person cut or trim someone else’s trees that clearly hang over my fence and hang over my home? Am I allowed to trim those trees for damage prevention?
if its hanging over your property you may cut it
Think about what kind of douche bag you gotta be if your tree falls on someone else’s property and does damage and you just ignore it, how screwed up is that? How do you live with yourself to me? That’s a real piece of shit, I could understand if you don’t have insurance or you couldn’t afford it we work something out we get it. Oh, come on