Who pays when a neighbor's tree falls in Tennessee?

Last checked: November 4, 2026

What Tennessee courts have said

A healthy tree in a storm. In Russell v. Claridy (Tennessee Court of Appeals, 2013), a healthy tree fell in a severe storm. The owner had no notice that the tree was unhealthy, and the court agreed the owner wasn't liable, because the tree was felled by an act of God.

A dead or decaying tree. The same court noted that liability for these trees usually turns on whether the owner knew or should have known the tree was dead or decaying. It didn't have to decide that point, because the tree in that case was healthy.

Branches or roots that cause damage. In Lane v. W.J. Curry & Sons (Tennessee Supreme Court, 2002), the court said encroaching trees can be a nuisance when they cause actual harm or pose an imminent danger of actual harm to the property next door. In that case, the owner may be held responsible for the harm and may have to cut back the branches or roots. Casting shade or dropping leaves, flowers or fruit isn't enough.

Cutting it back yourself. The same ruling says a neighbor may cut encroaching branches and roots back to the property line at their own expense, whether or not the tree is a nuisance.

How insurance usually works

This comes from the Insurance Information Institute. Your own policy has the final word, so check it or ask your agent.

• Damage to your home: you're insured no matter who owns the tree, so the claim starts with your insurer.
• Getting money back: your insurer may seek repayment from your neighbor's insurer. If that works, you may get your deductible back.
• Removing the tree: if it hit an insured building, removal is generally covered up to about $500 to $1,000.
• If it missed your buildings: removal generally isn't covered, though some insurers pay when it blocks a driveway or an accessibility ramp.

What to do

1. Make sure it's safe. If a power line is involved, call 911 and stay away. See who to call when a tree falls.
2. Take photos of the damage, the whole tree and the broken trunk or roots, before anything is moved. The tree's condition can matter later.
3. Call your insurance company.
4. Tell your neighbor what happened.

Worried about a dead tree next door? Tell your neighbor in writing and keep a copy. What the owner knew can matter if the tree falls later, and a written note shows when you raised it.

This is general information and isn't legal advice. Small differences in the facts can change the result, so talk to a Tennessee attorney about a specific dispute. If you live in Georgia, different law applies.