If you have ever wanted to know the answer to the question “If my tree falls on neighbour’s house, who is responsible for it?”, you have come to the right place. For today’s article, our arboricultural experts have put together a concise guide, covering everything you need to know about who is responsible for dealing with fallen trees, whether they are felled by a storm or fall over of their own accord. If you are in North East Scotland and find yourself in need of professional assistance with fallen trees, please do not hesitate to contact us by phone or email. We are a team of fully qualified tree surgeons who provide a full range of services to residents and businesses in this part of the country.
A Concise Answer to the Question: “If my tree falls on a neighbour’s house, who is responsible for it?”
If one of your trees has fallen onto a neighbour’s house and you would like to know what you are responsible for and what your neighbour is responsible for in such a situation, here are the basic facts:
- Your Responsibilities – As the owner of the tree in question, you are responsible for making sure, as far as is reasonably possible, that it is in good health and condition, and does not present a clear danger to persons or property in the immediate vicinity. In other words, if your tree is felled by a storm and you knew it was diseased or damaged beforehand, you will be liable for all costs. These costs will include not just the fee for having the tree removed but any repairs that are required to restore your neighbour’s property. However, if you can prove that you took all steps that could reasonably be expected of you, to ensure the tree was not a danger, you will not necessarily be liable for the cost of removing it, or for any damage it may have caused.
The Occupiers’ Liability Act (Scotland) 1960 states that the occupier of land on which a tree stands is normally held liable for any damage or injury that it causes. In practice though, if there is no evidence of negligence on the part of the occupier, it can be difficult for the injured party to prove their case and be awarded damages in a court of law. In such situations, we usually recommend claiming for the damage on your insurance (or that your neighbour makes a claim on their own insurance in this particular case).
- Your Neighbour’s Responsibilities – Even if you accept responsibility for the cost of removing the tree in question and for repairing your neighbour’s property, that isn’t necessarily the end of the case. It is still not unreasonable of you to expect your neighbour to help make arrangements for the removal of the fallen tree, at your cost of course.
If you are looking for a team of professionals to remove a fallen tree in North East Scotland right now, feel free to call or message us.
Our qualified team of experienced Arborists offer sustainable and cost-effective forestry and arboriculture services. For the long-term health and success of your trees. From small urban gardens, large estates and anything in between.