There are many reasons why a tree may fall. An old, diseased or dead tree may have been leaning for many years before finally falling or an ‘act of God’ such as strong winds or a bolt of lightning may cause a perfectly healthy tree to fall without warning.
Whatever the reason, a fallen tree is not only unsightly, but if in the wrong place and causing an obstruction, can be potentially dangerous. Even in the relative safety of your back garden, it can become harmful as it decays; therefore it is imperative that it is removed as quickly as possible.
But who is responsible for clearing a fallen tree? It can depend on a number of factors: ownership, location and reason for falling.
Ownership
A major part in determining who is responsible for removing a tree is dependent on who it belongs to. Most land, and the trees growing on it, will belong to a person, company or authority, such as a council.
Once ownership has been ascertained, they can be held responsible for either removing the tree themselves, or paying a company such as Prince Tree Surgery to clear it on their behalf, particularly if another party is able to prove negligence on the owner’s part.
Location
It’s pretty black and white when it comes to owning a tree that has fallen in your property – you are completely responsible for its removal and the associated costs.
However, if you own the tree but it falls on your neighbour’s land, you and your neighbour will be required to come up with an agreement on how the tree removal should be carried out. If any negligence on your part caused the tree to fall, you will be liable for any costs incurred.
Please note that you must seek permission from your neighbour to clear it; you can’t simply walk into their garden to clear up any damage. This is also true when it comes to dealing with public areas, and in certain circumstances, specialists may have to remove the tree immediately (it may be blocking a road), in which case, the local authority would probably take responsibility for its safe removal and then present you with an invoice.
Act of God
There are certain events such as lightning striking or gale force winds that may cause a tree to fall – these are called ‘acts of God’. In these circumstances, no-one is held responsible, although if you are the owner of the tree and it has fallen into a neighbour’s property, it would be good manners to offer to help remove it from their land.
However, if you have knowingly left a rotting or damaged tree in your garden and it falls, causing damage to another person or authority’s property, you will be considered negligent for not removing the tree despite the obvious risk.
Ultimately, whether you are the owner or not, if a tree had fallen on your land, you will most likely be responsible for its removal, even if someone else is responsible for the costs. At the very least you will have to agree a time when someone can visit your home and remove the tree and any debris. You may have to pay for the removal yourself and then pass the bill on to the person financially responsible, or in some cases, take the person you believe liable to court to recover your costs.
