Fallen Trees & Branches: Whose Responsibility?
Who should clear a fallen tree? | Who should pay? | Do you need help?
As Storm Katie wreaked havoc through the south of England over the Easter bank holiday weekend, so it left a stream of fallen trees and branches in its wake.
The question of whose responsibility it is to clear a fallen tree or large branches after a storm is a very common one, as is the question of who should cover the cost.
Trees don’t just fall or shed large branches during storms or high winds: sometimes they will fall naturally due to disease or even old age. Dead wood is part of the natural growth cycle of a tree, but if it is not removed on a regular basis, it can be prone to falling without warning.
So the first message has got to be: check your trees, or better still, have them professionally checked by a qualified tree surgeon. An expert will be able to spot signs of decay, disease, weakness or old age that could potentially lead to the tree or some of its branches falling, especially during freak weather conditions. This is a very important point, as you will find out when we discuss the matter of whose responsibility it is to cover the cost of a fallen tree or branches, and any damage they have caused on their way down.
Who should clear a fallen tree?
The answer to this question lies in who owns the tree, and whose land it has fallen onto. If the tree was on your land and fell onto your land, then it will be your responsibility to remove it, or to arrange for its removal. Always remember that tree removal is a potentially hazardous undertaking, especially if part of the tree is still standing, or the tree has landed on top of property. It is wise to call in the services of a qualified tree surgeon who is experienced in working at height, and will know precisely how to remove a tree in the safest way possible.
If the tree has fallen onto your land, but originally stood in a neighbour’s garden, or on public land, then you should liaise with the appropriate landowner as to its removal. Whilst you will likely be required to play at least some part in the removal of the tree from your land, you should not attempt to remove a tree from your land that did not belong to you without first obtaining permission.
It may be that a tree removal specialist will need to be called in, especially if the tree is blocking access or posing a hazard, so you should be very careful as to how you approach the issue.
Never attempt to clear a tree from someone else’s land without their permission.
Who should PAY to clear a fallen tree?
This is of course the leading question. If a tree has fallen due to negligence, for example it was left diseased or decaying and no action was taken to treat or remove it, then no matter what the reason for it falling or shedding large branches, it will be down to the owner of the tree to cover the costs of its removal, and to rectify and damage caused as a result.
If a healthy tree was felled by a storm, lightning bolt or high winds, then it will usually be possible to claim for its removal and repair of any damage caused through a home buildings and contents insurance policy. This is the case when a tree falls into a garden or onto a house, shed, garage, garden decking or any other type of property associated with the house. If a tree falls and damages a fence, it is sometimes possible to claim on the insurance policy, but not always. If a tree falls onto a vehicle, the cover will more often than not come from the motor insurance policy.
If a tree or branch falls and does not cause any damage, then the insurer will be unlikely to pay out simply for its removal. It is wise to check your insurance policy to ascertain exactly what you are covered for.
As mentioned earlier, if appropriate steps were not taken to ensure the safety of a tree prior to it falling, then no insurance policy will pay out. Having trees checked regularly and dead wood removed is the most responsible – and wisest – thing you can therefore do.
Where a tree from a neighbouring property has fallen onto your land, the owner of the tree will be responsible for the cost of clearing it, although it may well fall to you to arrange its clearance. Dealing with the issue amicably is of course the best way!
Do you have a fallen tree that needs clearing?
If you have a fallen tree or large branches on your land that need clearing, or you are concerned about the safety of a tree after Storm Katie passed through this weekend, T.H. Tree Services can help. We are fully qualified Trading Standards approved Essex tree surgeons covering all of Essex and Greater London. We are able to remove fallen or potentially falling trees from public land, commercial premises and residential property and have the resources and expertise to handle even the most hazardous situations, including where trees have become tangled in overhead power lines or have fallen into awkward to reach locations.
For the expertise you need in situations like these, call T.H. Tree Services immediately on 01268 642 814.
I can thoroughly recommend TH Trees. Their professionalism and communication has always been paramount. The jobs undertaken carried out to my satisfaction. Above and beyond.
Thank you Jo for your kind review, it's always a pleasure to be of assistance with your trees.
