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Can be a difficult question with many factors. There is no harm in the damaged property owner filing claims with both policies. The homeowners policy will likely be denied but the liability claim against the tree owner has a slim chance depending on species and location of the tree. A civil suit could be filed but it again would have limited chances for the same reasons as the liability claim. More details on the trees location in relationship to both dwellings as well as the species and amount if damage would help as well.

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Q: Who payhs for Roots of trees causing structural damage to neighbouring property?
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