If my fence falls on neighbors property and there is damage am I responsible?

There are a variety of situations that can cause your fence to fall into your neighbor’s yard. The problem is that you may be held responsible for the damages in certain situations when your fence falls. Evaluating the situation and finding out the reason for the falling fence can make a difference when you are trying to determine the appropriate policy to cover the damages.

Negligence

Any time that the damage was caused by your negligence, you are held responsible for the damages. For example, if you did not check your fence regularly and allowed rot to build up, then you may be held responsible.

Negligence refers to any situation where you could have prevented the problem with basic maintenance. It does not refer to a storm that ripped the fence from the yard and damaged the neighbor’s property.

Other Factors

While negligence is your responsibility, you may not always be held responsible for the damages. A storm, an earthquake or any similar situation can cause damages that are beyond your control. In that situation, the fence is a minor factor and you are not responsible to pay for those damages.

You may not be responsible if the problem was not related to basic maintenance. For example, if a tree root caused the fence to move and the fall was related to something that you could not see or maintain, then you may not be responsible.

Damages to your neighbor’s property may be a concern, but that does not mean that you are always responsible for the situation. There are times when you are not held responsible because the damage was caused by factors that are beyond your control. Contact us to speak to an agent for more details.