Who Is Responsible for Removing a Fallen Tree?

fallen tree on property

When a tree falls in Washoe County, determining responsibility for its removal can be complex. This guide can help property owners understand their rights and obligations under Nevada law and local regulations. Please note this article is not professional legal advice. 

General Rule of Thumb

In Washoe County, the responsibility for tree removal typically falls to the property owner where the Tree has landed, regardless of where the Tree originally stood. However, there are important exceptions and considerations to keep in mind.

Specific Fallen Tree Scenarios

Trees on Private Property

  • You are responsible for the removal
  • Contact your homeowner’s insurance company
  • Document everything with photos
  • Get multiple removal quotes from licensed contractors

 

Neighbor’s Tree Falls on Your Property

  • Generally, you are responsible for removal from your property
  • Your insurance company may seek reimbursement from your neighbor if negligence can be proven
  • Document the Tree’s condition and fall with photographs
  • Maintain written communication with all parties

 

Your Tree Falls on Neighbor’s Property

  • Your neighbor is generally responsible for removal from their property
  • You could be held liable if the Tree was diseased or poorly maintained
  • Keep records of tree maintenance and any arborist inspections

 

Proving Negligence

To prove a neighbor was negligent in maintaining their Tree:

  1. Document previous tree condition
  2. Keep records of any communications about the Tree
  3. Have evidence of:
    • Visible disease or decay
    • Dead branches or splitting
    • Previous property damage from the Tree
    • Written notifications to the owner about tree concerns

Trees and Public Property

Tree Falls from Public Property onto Private Property

  • Contact Washoe County Public Works: (775) 328-2040
  • Document the situation with photos
  • Don’t remove the Tree until the county has assessed the situation
  • File a claim with the county if appropriate

 

Private Tree Falls onto Public Property

  • Immediately notify Washoe County Public Works
  • You may be responsible for removal costs
  • Provide documentation of the incident
  • Cooperate with county assessors

Prevention and Maintenance

Regular Inspections

  • Inspect trees annually
  • Look for signs of disease or damage
  • Document inspections and any maintenance
  • Consider professional arborist evaluations

 

Risk Mitigation

  • Trim branches away from structures
  • Remove dead or diseased trees promptly
  • Keep written records of all tree maintenance
  • Photograph trees’ condition regularly

Insurance Considerations

Homeowner’s Insurance

  • Review your policy coverage for tree removal
  • Understand your deductible
  • Know what scenarios are covered
  • Keep documentation for claims

 

Filing a Claim

  • Contact your insurance company immediately
  • Take extensive photos
  • Get multiple removal quotes
  • Keep all receipts and documentation

Local Resources

When to Seek Professional Help

Contact professionals when:

  1. Trees are near power lines
  2. Removal requires special equipment
  3. There’s potential for additional property damage
  4. Insurance claims are involved
  5. Legal disputes arise

 

Emergency Contacts

  • Washoe County Public Works: (775) 328-2040
  • Emergency Services: 911
  • NV Energy (if power lines involved): (775) 834-4100

 

Professional Services

  • Contact licensed and bonded tree removal services
  • Get multiple quotes for the removal
  • Verify contractor licenses through the Nevada State Contractors Board

 

Legal Assistance

If facing a complex situation:

  • Consult with a local property law attorney
  • Document all communications and events
  • Keep photographic evidence
  • Maintain copies of all relevant records

Summary

Remember, the best approach in a tree removal emergency is often to communicate openly with neighbors and address tree issues before they become problems. Consult with local authorities or legal professionals for specific guidance when in doubt. When you’re ready to move a tree off of your property, consult Noah’s Park Tree Care.