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Who Is Responsible For Fallen Tree Removal?

Tamworth Glass • Apr 16, 2024

What would you do if a tree suddenly fell in your yard? Do you know who is legally responsible for removing it? The responsibility for removing a fallen tree can vary depending on several factors, including the location of the tree, local laws and the circumstances under which the tree fell. Let’s explore the breakdown of how this responsibility might be determined.

Understanding Tree Ownership And Responsibility

Ownership of a tree is typically straightforward; if it grows on your property, it’s yours. However, the responsibility can be more precise, especially when trees fall and affect neighbouring areas.

On Your Property 

When a tree from your property falls within your boundaries, you are responsible for managing its removal. This also means covering the costs involved. 

On a Rental Property

For those renting, it generally falls to the landlord to take care of fallen trees unless otherwise stated in your lease agreement. 

On a Neighbouring Property or Fence

Things can get complicated if a tree falls and damages a fence or extends into a neighbour’s yard. Generally, the person whose property housed the tree’s trunk is responsible for removal.

Insurance Coverage For Tree Removal

Insurance can play a key role in mitigating the costs of tree removal.

  • Homeowner’s Insurance: Typically covers tree removal if it damages a covered structure on your property.
  • Car Insurance: If a tree falls on your vehicle, comprehensive car insurance should cover the repair and removal costs.
  • Public Liability Insurance: This can be helpful if a tree falls and damages public property or injures someone. 

Legal Guidelines For Tree Removal

After a storm, specific local regulations regarding tree removal are in place. Residents must check with local councils to understand these guidelines fully. Often, immediate removal is necessary to prevent hazards, with specific processes in place to expedite permits if required.


Additionally, if the fallen tree obstructs public pathways or utilities, the local government may prioritise its removal to restore access and safety quickly. It’s also essential for property owners to document the damage for insurance claims and potential council inspections. 

Preventive Measures To Avoid Future Tree Falls

Preventive measures can significantly reduce the risk of tree falling, especially in storm-prone areas.

  • Have trees checked by a professional arborist to identify potential risks early.
  • Regular pruning and maintenance ensure trees remain healthy and less likely to succumb to storms.
  • When adding new trees to your property, consider native species that withstand local weather conditions better. 

Secure Your Property With Our Tree Removal Services

Dealing with fallen trees can be stressful, but understanding your responsibilities and options can ease the burden. At Tallow Tree Services, we take pride in prompt, efficient and safe tree removal, ensuring peace of mind for property owners. With services ranging from emergency tree removal to regular maintenance, choosing us means opting for a proactive approach to tree removal in Byron Bay. If you are seeking preventive care, emergency response or a tree removalist in Byron Bay, contact us today.

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