Roanoke Tree Removal is a local referral service: we pass your request to an independent, local tree crew. We are not a contractor, a law firm or a government office. This page is general information, not legal advice; for a dispute, talk to a Virginia attorney.
Between neighbors
Under Fancher, a tree owner can be responsible when an encroaching tree causes actual harm or poses an imminent danger of actual harm. A healthy tree that falls in a storm is a different situation from a tree whose damage was ongoing and known. Courts look at the facts.
Trees falling on public roads
In Cline v. Dunlora South, the court held that common-law principles did not impose a duty on a private landowner to protect travelers on an adjoining public highway from natural conditions on the land, including a decaying tree. Liability there needs an affirmative act that made the roadside more dangerous than its natural state.
Why notice still matters
Fancher and Cline don't make a known hazard safe to ignore. If a neighbor's dead or leaning tree threatens your home, write to them with photos and keep a copy. That record helps any later claim, legal or insurance.
Trees on roads and lines
Report trees on state roads to VDOT and trees on lines to the utility; Appalachian Power takes hazards at 800-956-4237. Don't cut trees tangled in wires.
Insurance comes first in practice
Insurance is a separate question from legal liability. Our fallen tree insurance guide covers what policies usually pay.
Documenting a fallen tree
- Photograph the tree, the stump or root plate, and any damage before cleanup.
- Note the date and weather.
- Keep estimates and invoices.
Prevent the next one
A hazard tree removed on your schedule usually costs less than an emergency removal. See our storm prep checklist.
Get a tree looked at
Call (540) 904-1819 or use the form. Photos of the tree, the property line and anything underneath help the crew plan.
Sources
- Fancher v. Fagella, 274 Va. 549 (2007), Supreme Court of Virginia (Checked Oct 11, 2026)
- Cline v. Dunlora South, 284 Va. 102 (2012), Supreme Court of Virginia (Checked Oct 11, 2026)
- Appalachian Power, report a tree problem (Checked Oct 11, 2026)
Common questions
Who pays if my neighbor's tree falls on my house in Virginia?
Usually your own homeowners policy handles the claim; whether the neighbor is legally liable depends on the facts, such as known harm or danger.
Is a landowner liable if a tree falls on a road in Virginia?
In Cline v. Dunlora South (2012) the court found no common-law duty to protect road travelers from natural conditions, absent an affirmative act.
Should I warn my neighbor about a dead tree?
Yes. A dated letter with photos creates a record that can matter later.
Who removes a tree that fell on a state road?
Report it to VDOT; report trees on power lines to the utility.