Who’s Responsibility Is That Fallen Tree?

“Whose Responsibility Is That Fallen Tree? Understanding Liability After Storm Damage”

If there’s one thing the British weather does reliably—it’s the unpredictable. From sudden squalls to high-wind warnings, stormy conditions are becoming more frequent, and with them, one inevitable consequence: fallen trees. Whether it’s an ancient oak collapsing onto a neighbour’s garage or a snapped conifer blocking a public road, fallen trees raise urgent—and often confusing—questions about liability, legal duty, and proper care.

So, when a tree falls… who’s responsible?

 

Trees and Legal Liability: What Homeowners Need to Know

Under UK law, the owner of a tree is usually the person who owns the land on which it grows. This means they also bear legal responsibility for any damage that tree causes—but only under certain conditions.

The key question in the event of a fallen tree is foreseeability. Was the fall due to an unforeseeable event (like a violent storm)? Or was the tree already weakened, diseased, or poorly maintained?

• If the fall was unforeseeable, such as during extreme winds or a storm, the owner is not typically held liable—this is considered an “Act of God.”
• If the tree was neglected (e.g., known to be diseased, leaning dangerously, or previously assessed as unsafe), then the owner may be liable for damage or injury caused, even during bad weather.

 

When Trees Cross Property Lines:

 

Storm damage can cause trees or large limbs to fall across boundaries, often damaging fences, outbuildings, cars, or even homes. In these cases, liability depends on:

• Whether the tree was maintained properly
• Whether there was a warning or visible risk beforehand
• Insurance coverage on both sides of the fence

This is where things can get complicated—and where Hartlebury Hardwoods believes in proactive, professional intervention.

Why Inspections Matter:

 

Many people are unaware of their responsibilities as tree owners until it’s too late. That’s why regular tree inspections are a vital part of responsible property management. At Hartlebury Hardwoods, we strongly advocate for prevention over crisis response. A certified arboricultural inspection can:

• Identify early signs of rot, disease, or instability
• Assess the tree’s proximity to buildings, roads, or power lines
• Offer clear recommendations for maintenance, pruning, or removal
• Provide documentation for insurance and legal purposes

In fact, having a documented inspection history can be a key defence if you’re ever questioned about a fallen tree and its impact.

Insured, Compliant, and Committed.

While Hartlebury Hardwoods LTD is best known for it’s high quality tree services  and woodland management, we also operate with a deep understanding of arboricultural compliance and legal responsibility. When it comes to tree care, we don’t cut corners—literally or figuratively.

Here’s how we support our clients and community:

• Fully Insured Services: We carry comprehensive public liability insurance to ensure all tree works are covered for safety and legal protection.
• Legislative Knowledge: We comply with all applicable regulations, including Tree Preservation Orders (TPOs), Conservation Area laws, and planning permissions.
• Qualified Arborists: Our team includes fully certified professionals who understand both the biology of trees and the complexity of the law.
• Risk Assessments: We offer on-site evaluations for trees at risk of falling or those near sensitive areas—like property lines, roads, or public footpaths.

The Hartlebury Approach: Prevent, Protect, Preserve.

 

A fallen tree shouldn’t mean a broken relationship between neighbours, a drawn-out insurance claim, or a costly legal dispute. Through clear communication, professional tree care, and proactive inspections, we help homeowners and landowners:

• Prevent damage before it happens
• Protect their property and legal standing
• Preserve trees that are healthy and safe

If you’re unsure about a tree on your land—or one looming from a neighbour’s—reach out to our team. We can assess the risk, manage the maintenance, and keep everyone on firm (and legal) ground.

 

The Hartlebury Team

“Rooted in tradition, growing with purpose.”