Fallen tree removal on an adjoining property: who is responsible?

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At a glance:

  • When it comes to boundary trees, both your neighbours and you own them jointly.
  • Should your tree fall on your neighbour’s land and they intend to sue you in small claims court.
  • In need of tree removal in Melbourne or other professional tree services? Same Day Tree Works will provide you with the assistance.

Same Day Tree Works is responsible for the removal of fallen trees on an adjoining property. Whether you need tree removal in Melbourne or other professional tree services, we provide you with the assistance you require.


Who’s tree is that?

In order to determine who is responsible for damage caused by a falling tree or branch, it is necessary to determine who owns the tree.

In the event that the trunk of the tree is located on your property, then you are the owner. Tree trunks on neighbours’ property are theirs, no matter how many canopy overhangs.

When it comes to boundary trees, both your neighbours and you own them jointly for the tree removal process.


Who is responsible to pay when a tree falls on an adjoining property?

Almost everyone has trees on their property in some form or another. When trees fall over, they can cause major disputes because they provide shade and complement landscaping nicely. When a tree is not properly maintained or is diseased, it may fall over, or it may fall over during a storm. If the tree falls onto a neighbour’s property, a homeowner may wonder if he or she is liable. Typically, people assume that since the tree is theirs, they are liable. It is not always the case, however.

An insurance claim should be immediately filed by a neighbour whose tree falls onto his or her property. Damages are usually covered by the insurance company. The same applies if the tree fell over due to natural causes. For instance, if a healthy tree falls over during a tornado, hurricane, windstorm, or winter storm, the homeowner wouldn’t be responsible. As the homeowner living on the property where the fallen tree was rooted did not intentionally push the tree over, nature is to blame. In this case, the neighbour’s insurance policy should cover it.

It is possible, however, for a homeowner to be held responsible for tree removal in some cases. In the case of the tree falling on the neighbour’s house, the homeowner would be liable for the damage. In addition, if the homeowner knew that the tree was dying, unstable, or diseased, he or she could be held liable. Also, he or she could be liable if it falls over during a very light storm. If homeowners have dying, diseased or unstable trees, they must take steps to stop them from causing severe damage.

Should your tree fall on your neighbour’s land and they intend to sue you in small claims court or county court for reimbursement, you will be liable.

Trees fall for natural or negligent reasons; whether the tree owner is responsible or the neighbour is responsible, eventually, the authorities reliable for fallen tree removal are tree removal service providers.

You can contact Same Day Tree Works if you have encountered a fallen tree case and are looking for tree removal services in Melbourne. A leading and affordable tree service company, they specialise in removing trees, pruning, lopping, trimming hedges, and removing stumps.

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