When a neighbor’s tree falls onto your property in Texas, determining who is responsible—and whether insurance will cover the damage—can be confusing. Liability often depends on why the tree fell, the condition of the tree before the incident, and whether negligence played a role. Weather conditions, prior maintenance, and documented hazards all factor into how claims are handled.

Because these situations frequently involve insurance disputes or denied claims, speaking with a Texas property damage attorney can help you understand your rights, protect your financial interests, and pursue proper compensation when issues arise.

Who Is Responsible When a Neighbor’s Tree Falls on My Property in Texas?

In Texas, responsibility for a fallen tree is not automatic. Generally, a property owner is not liable simply because the tree originated on their land. Liability typically only exists if the neighbor was negligent, such as knowingly allowing a dangerous or unstable tree to remain unaddressed.

Examples of potential negligence include ignoring visible rot, disease, leaning, or structural instability. If a tree falls due to natural causes—such as severe storms, high winds, or lightning—the incident is often classified as an “Act of God.” In those cases, your neighbor is usually not responsible for the damage.

Does Home Insurance Cover A Tree Falling on Your House?

In many cases, Texas homeowners insurance does cover damage caused by fallen trees, even when the tree came from a neighboring property. Coverage commonly applies when the tree falls due to covered weather events like windstorms, heavy rain, or lightning.

However, insurers may deny or limit coverage if the damage resulted from neglect, pre-existing hazards, or improper maintenance. Insurance companies may argue that the loss was preventable or excluded under the policy. Always review your policy carefully, document the damage thoroughly, and file your claim promptly to avoid unnecessary delays.

What Should I Do Immediately After a Neighbor’s Tree Falls on My Property?

If a neighbor’s tree falls on your property, follow these steps:

• Ensure Safety: Check for immediate hazards and ensure everyone is safe. If there are any injuries or ongoing dangers, call emergency services.

• Document the Damage: Take detailed photos or videos of the fallen tree and any damage it caused to your property.

• Notify Your Neighbor: Inform your neighbor about the incident, especially if their tree has caused significant damage.

• Contact Your Insurance Provider: Report the damage to your homeowner’s insurance company. They‘ll guide you through the claims process.

• Prevent Further Damage: If possible, cover the damaged area with a tarp or similar material to protect it from additional damage.

• Seek Professional Help: Arrange for a professional to assess the damage and remove the tree. Your insurance provider may assist with this process.

How Do I File a Claim for Property Damage From a Neighbor’s Tree in Texas?

Start your claim by gathering all relevant documentation, including photos, videos, repair estimates, invoices, and any records related to the incident. Notify your homeowners insurance company and submit all required claim forms with a detailed explanation of how the damage occurred.

An insurance adjuster may inspect your property to determine the extent of coverage and calculate the settlement amount. Once you receive an offer, review it carefully. If the settlement does not cover the full cost of repairs or loss, you may dispute the amount or appeal the decision.

An attorney experienced in Texas insurance claims can negotiate with the insurer, challenge wrongful denials, and pursue fair compensation—especially when claims are delayed, undervalued, or denied outright.

Can I Sue My Neighbor for Tree Damage in Texas?

You may sue your neighbor for tree-related damage if you can prove negligence—meaning the tree was visibly dangerous and your neighbor failed to maintain or remove it. Signs of negligence may include:

• Rotting or decaying wood

• Dead limbs

• Leaning trunks

• Visible pest infestation

If the tree fell due solely to natural forces and was healthy, proving negligence becomes much more difficult. A property damage attorney can evaluate the evidence and determine whether you have a viable claim.

Who Pays for Tree Removal After a Storm in Texas?

Tree removal typically falls on the property owner where the tree lands, not where it originated. If a storm causes your neighbor’s tree to fall onto your property, you are typically responsible for removal unless your neighbor was negligent.

However, if the tree was clearly dead, diseased, or hazardous—and your neighbor ignored the danger—their homeowners insurance may be responsible for the removal and related damage. Review your own policy and speak with an attorney if the claim becomes disputed.

How Can I Prevent Future Tree Damage in Texas?

Preventative maintenance is one of the best ways to reduce the risk of tree-related property damage. Recommended steps include:

• Scheduling regular inspections with a certified arborist

• Pruning weak or overhanging branches

• Removing dead, diseased, or unstable trees

• Planting trees away from homes, fences, and power lines

• Selecting wind-resistant tree species

• Reviewing your homeowners insurance policy to understand coverage limits

Proactive care can reduce damage risks and help demonstrate responsible ownership if disputes arise.

Does My Insurance Premium Go Up If I File a Claim for Tree Damage?

Filing a claim for tree damage might affect your insurance premium. Insurance companies may view frequent claims as an increased risk, which can lead to higher premiums. The impact on your premium depends on the frequency and severity of claims, your claims history, and your insurance provider policies. Discuss the implications with your insurance company before filing a claim to understand how it might affect your rates.

Grisham & Kendall: Texas Property Damage Lawyers

If your insurance company is delaying, undervaluing, or denying your tree damage claim, the experienced attorneys at Grisham & Kendall can help. We represent homeowners throughout Texas and handle property damage claims on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Contact Grisham & Kendall today for a free evaluation and learn how we can help protect your rights and hold insurance companies accountable.