Trees can add beauty and value to a property, but when a tree falls into a neighbour’s yard and causes damage, disputes often arise about who is responsible.

The owner of the tree is not automatically liable simply because the tree stood on their property. The key question is whether the owner was negligent.

If a healthy tree falls during a storm, heavy winds, or another natural event, it is often regarded as an unavoidable accident. In such cases, each homeowner would usually claim from their own insurance for damages and pay their own costs for cleaning up the debris.

However, a property owner may be held responsible if they knew or reasonably ought to have known that the tree was dangerous, dead, unstable, or poorly maintained and failed to take reasonable steps to prevent harm.

Examples of possible negligence include:

• Ignoring a visibly dead or rotting tree;
• Failing to trim dangerous branches;
• Ignoring complaints or warnings about the tree’s condition.

Where negligence can be proven, the neighbour may claim compensation for damages and removal costs.

It is always advisable to:

• Regularly inspect and maintain trees on your property;
• Address dangerous trees promptly;
• Take photographs and report damage immediately if an incident occurs.

Every matter depends on its own facts and is it advisable to seek legal advice first to assess whether you have a possible claim.