Fallen Trees: Is It Your Responsibility?

• Published date: 24 February 2022
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Personal Injury, Real Estate
• Law Firm: Ansons Solicitors
• Author: Mr Neil Faunch

Landowners must recognise the risks when strong winds threaten their trees

Following closely on the heels of storm Dudley, storm Eunice and storm Franklin passed across the UK and the Met Office reported that wind speeds reached 122 mph at The Needles on the Isle of Wight, provisionally the highest gust ever recorded in England.

But while most of the media focusses on travel disruption, the damage and potential injuries caused by falling trees in such conditions poses a real threat to people and property.

The problems following winter storms occur typically not from healthy trees without leaf cover, but from issues with diseased or damaged trees, which can raise the question of liability for any damage or injury caused by those trees.

Who is legally responsible for damage inflicted by a fallen tree?

The answer to the question, 'who is legally responsible for damage inflicted by a tree falling or debris from a damaged tree?' is relatively simple. It is the owner of the land on which a tree stands. They are responsible for the health and safety of those likely to be impacted by any issue with that tree, with liability potentially arising if the tree itself falls or if branches or debris fall from the tree.

The first step in establishing responsibility is to find the owner of the tree. This may be obvious if it is standing in the middle of a garden, but can be less clear if the tree is on or near the boundaries of land owned by different people.

A search of the title deeds to the land or Land Registry data may reveal the owner of the land on which the tree stands if there is any doubt.

The local highway authority can be questioned to determine if they maintain the trees adjacent to the highway when there is some doubt over responsibility, especially for trees in private gardens that overhang the highway and/or pavement.

Do not ignore the safety of trees on your land

It is the responsibility of the tree owner to ensure it is safe. This typically requires a regular visual check for signs of disease or damage, such as uprooting, splits or loose branches, following high winds and storms.

Even a relatively small tree can weigh several tons, and the branch of a large old oak may weigh several tons alone. A tree being blown over or losing a large branch could cause death or serious...