WHO IS RESPONSIBLE WHEN A TREE FALLS ON YOUR PROPERTY IN NSW

December 17, 2021 | Posted by Jake Cubis | in Tree Care, Tree Removal, Tree Services

Trees and branches can fall due to harsh weather, human error, or the simple passage of time – and when this happens, it can cause substantial damage to the property below. This goes beyond falling leaves clogging up a drain; this could lead to life-threatening injuries and immense repair fees. In this article, we will look at the factors that impact who is responsible when a falling tree damages your New South Wales property.

1. The location and health of the tree

One core factor in assigning responsibility is where the tree itself is – it might be a neighbour’s tree, for example. In this case, if the neighbour neglected to trim the old or dying tree, they may be legally at fault for the damage done to your fence or roof.

This is not guaranteed, however: it must be in a dangerous condition, or else authorities may see it as an act of God with no direct blame. If this happens in a storm, this complicates the matter further.

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Photo By: John Doe
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2. The conclusions of the court

Under the Trees (Disputes Between Neighbours) Act of 2006, New South Wales citizens can take neighbours to the Land and Environment Court to make them trim the tree before it does any damage or to sort out liability and compensation for a fallen tree.

For the latter claims to be successful, the tree must:

Cause more than just minor or cosmetic damage.
Be a direct (but not necessarily the sole) cause of the damage.
Be evidently unhealthy or at risk of causing damage.

3. Your insurance policy

If you have building or home insurance, then you might be able to remove your own fallen tree and cover the damages. However, under many of these policies, you can only remove the tree for free if it has damaged your property. The exact wording of the policy is paramount in determining who is liable, but generally speaking, it is only a matter for your insurer there is damage involved.

Boundary fences are technically part of both your property and your neighbour’s – if a tree damages this, then both sides could find themselves 50% responsible for the repairs, regardless of who owns the tree.

Determining responsibility can be tricky in the aftermath of a fallen tree, which is why it is important to have problematic trees cut down when and where possible. Steve Cubis Tree Services offers stump grinding, full tree removal, and more across the Northern Rivers – get in touch today to learn more.

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