To wonder who is liable

[hodgeheg92]

A few days ago, a very tall tree in a neighbour's garden fell and luckily for them it fell sideways and was caught in the branches of another, even bigger tree in their next door neighbour's garden. So far, the people whose tree it was have only chopped off the tree that remains in their own garden. This has left the majority of the fallen tree hanging in the bigger tree next door. This seems to be how it is being left.

Now we have no idea if these neighbours have discussed the fallen tree issue or already agreed a solution but my DH and I were just wondering who would be liable for the fallen tree? The house from which it fell or the house whose tree it is now suspended in. We have tall trees ourselves and it could easily happen to us. Obviously the grown up thing to do would be to discuss with the neighbour but I just wondered what the legalities are.

Usually with the owner of the tree - but if the next door neighbours have seen the current situation and accepted it / allowed it to go unchallenged there would be significant contributory negligence.

According to our local tree surgeons webpage

If a healthy tree blows over (an 'act of god'), your neighbours are not liable for the damage. It should be covered as part of your own buildings insurance.

However, if it was rotten, diseased or dead and you can prove that they failed to do anything to rectify the problem, you could claim that they were negligent and therefore liable for the cost of repairs. The same is true if they had been digging around it and left it in an unstable condition.