Neighbour's Tree Fell On My Fence, Shed Or Car: Who Pays?

What's happening?

Newcastle City Council explains that every tree owner has a general duty of care to ensure their trees do not pose an unacceptable risk to people on or next to their land, and that the owner will only be liable for injury or damage caused by trees if found negligent. It says that if a tree was dying, damaged or diseased and the owner knew it was at risk of falling, they could be liable if it falls over on its own, but a neighbour would not be liable if a healthy tree fell over due to a storm or other natural event. If the owner does not act on a dangerous tree and damage occurs from their negligence, you or your insurer may be able to take action. These are civil matters, so the council does not resolve them, and legal advice is worth taking before going to court. The RHS says its guidance applies primarily to England.

What usually causes it?

• A tree that was dying, diseased or visibly damaged, where the owner knew or should have known it was at risk
• A healthy tree brought down by a storm or other natural event, which the council says is not the owner's fault
• A tree weakened by someone cutting its roots or branches, where the person who did the work can be liable
• A neighbour who was told about a problem in writing and did nothing
• A tree whose ownership is unclear, such as one on the boundary, which the RHS says is jointly owned

Is it dangerous?

Medium. A fallen or partly fallen tree can be unstable. Keep people and pets away and ask a tree surgeon to make it safe. If it is touching power lines, see the page on branches touching power lines.

Can I fix it myself?

Photograph the tree, the damage and the base and roots before anything is moved. Tell your buildings or car insurer: Newcastle says you or your insurer may be able to take action against the tree owner where negligence caused the damage. Tell your neighbour in writing and keep a copy. Ask a tree surgeon or arboriculturist what condition the tree was in, because that evidence decides whether the owner was negligent. Check who owns the tree: the RHS says a tree on the boundary is jointly owned. Take legal advice before a claim, as Newcastle recommends.

When should you call a tree surgeon?

Call a tree surgeon to make the fallen tree safe and to write a short report on its condition, including signs of decay that were visible beforehand. Call your insurer and, for a dispute, a solicitor. If the tree is on a road or footpath or is touching power lines, call the council or the network operator first.

What will the tree surgeon actually do?

• Make the site safe and remove or reduce the fallen tree safely
• Examine the stump, roots and trunk and record whether there was decay or damage
• Write a report on the tree's condition that the insurer or a solicitor can use
• Check other trees on the site for similar defects
• Advise on protected status before any further work

Who fixes this

• Emergency tree work
• Tree survey and report

Questions people ask

Sources & References

1. Newcastle City Council: nuisance and dangerous trees or hedges on private land
2. RHS: trees and the law
3. St Albans council: your rights regarding your neighbour's trees