Council liability for injury or damage to property Can we help? The owner of the land upon which the tree is situated is usually the one who is liable for damage caused by the roots of that tree. Council Not Liable for Tree Roots Subsidence. To hold the owner responsible for a tree that was not previously overhanging the boundary or where the tree was overhanging public land such as a road it is necessary to show that the owner knew or should have known that the tree or branch was in a dangerous condition … Some rare trees can be valued at tens of thousands of dollars. 13. Background. Am I liable if I cause damage to a neighbour’s tree as a result? Where an overhanging tree or branch falls, the tree owner would be liable if the damage caused was reasonably foreseeable. Things that the council is responsible for removal of tree stumps alongside public roads, unless left in place for safety reasons repairing damage to roads caused by tree roots surfacing protecting council-owned trees using Tree Preservation Orders Local residents are now asking who is responsible for the cost of repairs to a dividing fence when the damage has been caused by a fallen tree from a neighbouring property during the storm. You should write (keep a copy) to your neighbour expressing your concern and ask them to have the tree’s health checked by an arboriculturist. Mrs Kane owned a neighbouring property, within the … The general legal position in the Northern Territory is that where damage is caused to a dividing fence, the owners of land on either side of the fence must equally contribute to the cost of the repairs. However, a decision in 2013, Khan and Khan v Harrow Council and Kane, raised doubts about that view. Mr and Mrs Khan owned a property in Stanmore, Middlesex. Where trees cause damage and it is not a storm, for example your tree was dead, damaged or a species prone to having branches fall and you have a reasonable suspicion it might fall down you should take steps to address the danger. In her decision, dated July 31, Justice Helen Cull found Judge Hassan erred and the council was liable to Plaza for the damage caused. If you believe a tree has caused damage to your private property - such as to buildings, fences, driveways or vehicles - what you need to do depends on where the tree is located. Not necessarily. An adjoining landowner may still be held liable for injuries caused by a tree well if the adjoining landowner created the defect or unsafe condition, or used the tree well for a special purpose such as installing a fence or varying the tree well’s construction. The tree that caused the damage was overhanging into the road and so I applied to the council for some insurance as there was no warning of overhanging trees and at no point did I mount the kerb. There was a note from the tree surgeon (contracted by the council) explaining damage has been done from a falling branch and he gave a contact number to … Council reserves its right to recover all or any costs that have been unnecessarily or unreasonably incurred by the Council in successfully defending insurance claims made against the Council. The only difference is that the planning authority's permission is required before carrying out any remedial work. We are responsible for trees on land owned by the Council. Thankyou for your advice. The question arises, therefore, to what extent is a local authority with the responsibility for the highway and trees on it, liable for loss and damage caused in the unfortunate event of a vehicle striking an overhanging tree? 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