Trees, Neighbors, and Responsibility: What Every Mainer Should Know

By Tricia Zwirner

Maine is known for its beautiful forests, towering pines, colorful maples and tree-lined neighborhoods. Trees provide shade, privacy, wildlife habitat and undeniable beauty. They also come with responsibilities – especially when they stand near property lines.

As insurance professionals, one of the more common questions we receive is, “Who is responsible if my neighbor’s tree falls on my property?” The answer isn’t always as straightforward as many people expect.

The good news is that Maine law, combined with homeowner’s insurance, provides a practical framework for handling most situations.

Healthy Trees vs. Hazardous Trees

One of the biggest misconceptions is that the owner of a tree is automatically responsible for any damage it causes. In reality, responsibility often depends on the condition of the tree and whether the owner knew – or reasonably should have known – that it posed a danger.

If a healthy tree falls during a severe windstorm or heavy snow event, it is generally considered an “act of nature.” In those cases, each property owner is typically responsible for the damage to their own property through their homeowner’s insurance.

For example, if your neighbor’s healthy pine tree is blown onto your garage during a nor’easter, your own homeowner’s insurance would generally cover the damage to your garage, subject to your deductible.

However, the situation changes if the tree was clearly dead, diseased, leaning dangerously, or otherwise posed an obvious hazard that had been ignored. If it can be shown that the tree owner knew about the dangerous condition and failed to address it, they could potentially be held responsible for resulting damages.

Don’t Ignore Warning Signs

Large dead branches, significant decay, hollow trunks, mushroom growth around the base, major cracks, or a noticeable lean may all indicate a tree should be evaluated by a qualified arborist.

If you notice a neighbor’s tree appears hazardous and could threaten your home, it’s worth having a friendly conversation. Most people appreciate being made aware of a potential safety concern.

If you’re the tree owner, taking concerns seriously can help protect both your property and your neighbors. A professional inspection may provide peace of mind – or identify a problem before it becomes an expensive one.

What About Branches Hanging Over My Yard?

In Maine, property owners generally have the right to trim branches or roots that extend onto their property, provided the trimming is done only up to the property line and does not unnecessarily damage or kill the tree.

If significant trimming is needed, especially on a large or valuable tree, discussing the work with your neighbor beforehand is always a good idea. A little communication often prevents misunderstandings.

Document Concerns

If you believe a neighboring tree presents a genuine hazard, it’s wise to document your concerns. Take photographs, note any obvious signs of deterioration, and communicate politely in writing if necessary.

Documentation isn’t about creating conflict—it’s simply a way to establish that a concern was raised should problems arise later.

Likewise, if someone expresses concern about one of your trees, don’t dismiss it. Having the tree evaluated and keeping records of any inspection or maintenance demonstrates responsible ownership.

Insurance Plays an Important Role 

Homeowners insurance typically covers sudden and accidental damage from falling trees when they strike a covered structure, regardless of whose property the tree originated from. Coverage may also include removal of the tree under certain circumstances, although policy limits and conditions vary.

Insurance generally does not cover the cost of removing a tree simply because it’s dead or because you’re worried it might fall someday. Preventive maintenance remains the homeowner’s responsibility.

It’s also worth remembering that deductibles apply. In some situations involving relatively minor damage, the repair costs may not exceed the deductible, making it more practical to handle the repairs without filing a claim.

Prevention Is Always Less Expensive

One of the best investments homeowners can make is periodic property maintenance. Walk your property a few times each year especially after major storms. Look for damaged limbs, leaning trees, exposed roots, or signs of disease.

Hiring a qualified tree service to remove a hazardous tree is almost always less expensive than repairing a damaged roof, vehicle, fence, or garage – not to mention the potential for injuries.

Living in Maine means enjoying the benefits of our incredible trees while respecting the responsibilities that come with them. Most disputes can be avoided through routine maintenance, neighborly communication, and understanding how insurance works.

A little prevention today can save thousands of dollars – and preserve good relationships with the people living next door.

Tricia Zwirner is a State Farm agent in Windham. She and her team would love to hear from you and can be reached via phone and text at 207-892-2864 or via email at [email protected]. <