Storm Damage: Who Is Responsible for Fallen Leaves and Branches from a Neighbour’s Tree?

Storm season is here, and strong winds and heavy rain can leave gardens covered in fallen leaves, broken branches and debris from neighbouring trees.

But if the mess has come from your neighbour’s property, who is responsible for clearing it up?

In most cases, the responsibility falls on the person whose property the debris has landed on.

Who Is Responsible for Fallen Leaves?

If leaves from your neighbour’s tree blow into your garden, you are generally responsible for clearing them.

Falling leaves are considered a natural occurrence, and your neighbour is not normally required to remove them simply because they originated from their tree.

Although frustrating, particularly during autumn and winter, this is usually part of living near trees.

What About Fallen Branches?

If a healthy tree loses branches during a storm and they land in your garden, you will generally be responsible for arranging the clear up.

However, the situation can be different if the tree was already damaged, diseased or dangerous before the storm.

If your neighbour knew, or reasonably should have known, that their tree posed a risk and failed to take appropriate action, they could potentially be held liable for resulting damage.

What If a Tree Damages My Property?

If a falling tree or branch damages your roof, fence, shed or other structures, your home insurance may cover the repairs.

Whether your neighbour is legally responsible will depend on the circumstances.

For example, if a healthy tree falls during exceptionally strong winds, your neighbour may not be liable.

However, if the tree was visibly unsafe and reasonable precautions were not taken, there may be grounds for a claim.

Can I Ask My Neighbour to Help?

Absolutely.

Even where your neighbour has no legal obligation to clear the debris, a friendly conversation may help resolve the situation.

Some neighbours may be happy to assist with removing larger branches or arranging professional clearance.

If a fallen tree or branch presents an immediate danger, avoid attempting to move it yourself and seek professional assistance.

What Should I Do After a Storm?

If your property has been affected by fallen trees or branches:

• Take photographs of any damage before clearing debris.

• Contact your home insurance provider if repairs may be required.

• Speak to your neighbour if their tree caused the damage.

• Arrange professional removal of large or dangerous branches.

• Keep records of any previous concerns raised about the tree’s condition.

Prevention Is Better Than Repair

Regular tree maintenance can help reduce the risk of damage during severe weather.

If you’re concerned about a neighbouring tree, raise the issue politely before the next storm arrives.

Remember, just because a tree belongs to your neighbour doesn’t automatically mean they’re responsible for everything that falls from it.