Real Estate Explained January 15, 2026

🌳 Homeowner Tree Liability

🌳 Homeowner Tree Liability
 Before Winter arrives, make sure you’re covered 👇

✔️ Have your trees inspected regularly or work with a certified arborist
✔️ Document any concerns — leaning, cracks, dead wood, etc.
✔️ Talk to your insurance agent about what your policy covers if a tree falls
✔️ And if you’re planning to remove a tree, always check your local permit rules 🌲

Protect your home, your neighbors, and your peace of mind. 💚

Trees add beauty and value to a property, but as a homeowner, it’s important to understand your responsibility — especially heading into winter when storms can put added stress on them.

So if a tree or branch falls, who’s responsible?

First: ownership.
A tree belongs to the property where the trunk sits — but that doesn’t always determine liability.

Next: what caused the fall?
If a healthy tree comes down in a storm, that’s usually considered an act of nature, not negligence. But if the tree was diseased, unstable, or clearly unsafe, that’s different.

Third: did the owner know it was a risk?
Leaning, cracks, dead limbs, or visible decay are all warning signs. Ignoring them can make the owner liable because they “should have known” the tree needed attention.

In Portland specifically, If a tree falls due to force majeure — like a storm — liability is based on where the tree lands. So if a well-maintained tree from your neighbor’s yard damages your garage, it becomes your insurance claim.

A few extra things to know:
Timber trespass means that cutting down someone’s tree without permission can result in major damages — up to three times the tree’s value in rural areas. Urban areas often use appraisers or property-value impact to determine worth.

And if you’re considering removing a tree, always check permit rules. In Portland, anything 12 inches or more in diameter at chest height usually requires a permit.

Click the video to learn more