Trees definitely don't understand boundary lines. Thus it's not uncommon for one person's tree to fall on another person's fence and yard. If you're the one whose property a tree falls upon, and that tree was clearly your neighbor's, your first thought might be to assume that the neighbor should pay to, say, replace the fence and fix other damage. But the truth might be otherwise.
A number of legal issues are raised in such a situation. You'll need to look into the following.
Was the Fallen Tree Truly Your Neighbor's?
If the entire trunk of the tree was growing on the neighbor's property, then it was indeed the neighbor's tree. If, however, the trunk was growing partly on the neighbor's land and partly on yours, it's what's called a boundary tree. In most cases it legally belongs to both (or all) property owners.
And even if the tree does belong completely to your neighbor, that does not mean that the responsibility for damage caused when it fell is your neighbor's as well.
Was the Neighbor at Fault in the Tree's Falling?
Surprising though this might be to hear, only if your neighbor was negligent in caring for the tree (for example, left it standing when it was clearly half dead, or did some DIY pruning that seriously unbalanced it and left it vulnerable to a storm) is the neighbor liable for damage it caused by falling.
Negligence—the legal definition of which is failing to act with the level of care that someone of ordinary prudence would have shown under the same circumstances—can be tough to establish or prove. Trees do age and fall on their own, especially when a storm comes along.
But if you have reason to think your neighbor was negligent, this might warrant further investigation, such as talking to experts and gathering evidence. If you have a regular gardener or arborist for your property, that person might be willing to provide an analysis and statement.
Taking photos of the tree's wood and roots before everything gets cleaned up might be a good idea in this regard, as well. Also check your old photos for ones showing the tree over time.
What's Next If the Neighbor Was at Fault?
In the worst case, you might need to sue your neighbor in small claims court, based on a claim of negligence. It's possible that the neighbor's homeowner's insurance will pay any judgment that comes out of this.
But before heading to court, try meeting with your neighbor to explain your perspective on the situation, bringing any evidence of the sort you'd eventually show in court. See whether you can come to an agreement. Even if it involves you kicking in some cash, this could be worth it to avoid the time, expense, and hassle of going to court. It could also help maintain decent neighbor relations in the future.
What's Next If the Neighbor Was NOT at Fault?
If the tree fell due to something unrelated to the neighbor's care for it (or lack thereof), such as a bad storm, the neighbor is not legally responsible for damage. It's considered an act of nature, which you, unfortunately, must pay to remedy on your property. If the amount is over your deductible, you might wish to contact your homeowner's insurance carrier and file a claim to be reimbursed for fixing the damage to the fence.
How your insurance company handles a situation involving a jointly owned fence along the boundary line could get interesting. In everyday circumstances, you and your neighbor would be expected to share the costs of repairs to a damaged or aging fence. For that reason, the insurer might reach out to your neighbor's homeowner's insurance company and come to an accommodation that involves splitting which company covers the damage in this case and which neighbor pays.
Don't forget that, since both you and your neighbor likely owe a deductible before the insurance kicks in, this could mean you'll both be out of pocket. But again, it will be up to your insurer to handle and decide on this.