Karen Walsh: My neighbour's tree has damaged my property. What can I do?
Over the weekend with the windy weather, one of my neighbour’s trees fell into my back garden. It damaged my shed and parts of my fence. I had concerns about the tree over the past year and tried to talk to him but he kept ignoring me and telling me to mind my own business and just walking off. I texted him also but he did not respond. What can I do now? I don’t want to pay for the damage to my property because he simply couldn’t be bothered dealing with his property and taking responsibility for it.
For a property owner, a healthy well-rooted tree is an asset, a diseased, top-heavy or dead tree is a liability. The high winds last weekend likely changed the scenery around the country, tearing down century-old trees that once stood strongly.Â
There is no doubt that storms have left countless properties damaged by trees and fallen branches — with many business or private property owners unaware of their legal position, especially if neighbouring properties are affected.
Simply stated, you are liable for the trees on your property and for damage caused by those trees. The owner and/or occupier of land upon which trees stand is generally liable for any loss or damage resulting from falling trees or from the falling of the tree itself.
In these cases, the legislation in Ireland is well-defined — if the owner in question knew, or should have known, that there was a problem they must take reasonable steps to remove the tree from their property or make it safe. It is a harsh fact and something which causes considerable stress and financial worry for many landlords and private households in times of very stormy conditions.
Each case is unique and handled on its own merits. Liability can depend on the condition of the tree before it fell. If the tree was dead or dying, the land owner where the tree was located could be held negligent for not properly maintaining the tree. So-called ‘acts of God’ are no one’s fault but this will not always succeed as a defence where the tree in question was diseased, rotting or damaged.
Property owners, and in some cases those letting a property, are expected to ensure trees will not impact upon a neighbour’s property, harm anyone passing by or cause injury to employees.
Anyone with responsibility for land or trees should put in place procedures to identify and manage the risk. Occupiers and anyone with responsibility for trees, for example a tenant, must take reasonable steps to manage and reduce risk.
It might be prudent at this stage to engage a tree surgeon to inspect the tree and prepare a report as to whether it was rotting or damaged. You should engage a solicitor to provide advice in relation to your particular circumstances. Depending of what the outcome of the report is, you possibly have a case against your neighbour for the damage and loss to your property.
The owner and/or occupier of land upon which trees stand is generally liable for any loss or damage resulting from falling trees or from the falling of the tree itself.
Karen Walsh, from a farming background, is a solicitor practising in Walsh & Partners, Solicitors, 17, South Mall, Cork (021-4270200), and author of Farming and the Law. Walsh & Partners also specialises in personal injury claims, conveyancing, probate and family law.
- Email: info@walshandpartners.ieÂ
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While every care is taken to ensure the accuracy of information contained in this article, solicitor Karen Walsh does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.
