That towering tree in your neighbor’s yard – or in your yard – that is leaning, dropping leaves in spring or summer, regularly loses branches or just appears to be in poor health, may be be more than an eyesore. That tree can be a legal liability. But for who?

It depends.

In Missouri, the responsibility for removing a fallen tree and any damages it causes typically depends on the circumstances, but here are some general rules:

1. Owner of the Tree: The person who owns the tree (the property owner where the tree is located) is generally not responsible for the removal or damage caused by the tree unless it was negligently maintained (e.g., a rotting tree that was not taken care of).
2. Fallen Tree on Neighboring Property: If a tree falls from one person’s property onto another person’s property, the responsibility for the removal of the tree generally falls on the property owner where the tree landed (the person whose property is affected). In other words, the neighbor whose property is damaged or obstructed by the fallen tree typically must handle the removal. And that includes paying the bills to have the tree cut into manageable pieces and hauled away.
3. Damages: If the fallen tree causes damage (such as to a fence, structure, or car), the person whose property was damaged may seek compensation from the tree’s owner for damages. However, this would typically require proof of negligence or that the tree posed a hazard before it fell. If the tree fell due to natural causes (such as strong winds or a storm), the property owner on whose land the tree was rooted is generally not liable for the damage caused, though circumstances and legalities can vary.
4. Negligence: If a tree was obviously dangerous or unhealthy and the property owner failed to take reasonable steps to prevent it from falling, they could be held liable for damages resulting from its fall, even if the fall was due to a natural cause.

Please keep in mind, we’re not lawyers, and these are general guidelines. The point is, we do know from experience that being careful, assessing the health of your trees and caring for them as well as possible is a much better course of action than waiting for a problem – one that could lead to damaged or destroyed property, injuries or worse. Staying on top of the health of your trees is important, and the problems that can arise from neglecting your trees should be avoided by being proactive about their care.

If a neighbor’s tree is a concern, it may be in everyone’s interest to ask your neighbor about the health of the tree or trees in question.

In short, unless there’s evidence of negligence (if the tree was known to be unhealthy and the owner did nothing to address it), the person on whose property the tree lands would typically bear the responsibility for removal, and they may need to seek compensation if there are damages.

It’s far easier – and safer – to have any trees that appear to be less than robust examined by a certified arborist. Our certified arborists are experts in spotting potential hazards associated with your trees and  can make recommendations regarding potential hazards posed by trees or limbs, and if necessary, take them down and eliminate any potential threats. Contact us today! We’re here to help!