My Neighbour's Tree Fell on My Property After a Storm: What Now?

Bob and Ben - The Tree Men

It's one of the most common questions we get once storm season rolls around: a neighbour's tree has come down over the fence, and nobody's quite sure who's responsible for the clean-up or the damage. The answer isn't always as straightforward as "their tree, their problem", but there are some well-established principles that usually determine who pays for what.

This article is general information only and not legal advice. For anything beyond a straightforward clean-up, it's worth speaking with your insurer or a qualified legal professional about your specific situation.

The General Rule: Storm Damage Is Often Nobody's "Fault"

In most cases, if a healthy tree comes down purely because of severe weather, it's treated as an "act of God" rather than something the tree's owner is legally responsible for. This means your neighbour generally isn't automatically liable just because the tree was theirs and it happened to land on your side of the fence.

If the tree has damaged a shared boundary fence, NSW practice is usually to split the repair cost 50/50 between the two properties, with each owner claiming on their own insurer for their share.

Where It Changes: Negligence

The picture shifts if it can be shown the tree owner knew, or reasonably should have known, that the tree posed a risk before the storm. This might include a tree that was visibly dead, had obvious decay, had dropped limbs before, or had been flagged as a hazard and left unaddressed. In these situations, a neighbour may have a stronger case for the tree owner (or their insurer) to cover the cost of the damage, since the storm exposed a risk that was already there rather than creating one out of nothing.

This is exactly why getting a genuinely risky tree assessed and dealt with before storm season matters, both for your own property and for anyone next door who could be affected if it fails.

Start With Your Own Insurance

Regardless of how the liability question eventually gets sorted, it's worth checking your own home and contents policy early, since cover for storm damage (including damage caused by a neighbour's tree) varies significantly between insurers and depends on the specifics of your PDS. Some policies won't cover removal costs unless there's damage to an insured structure, and a car parked in the driveway generally isn't covered under a home and contents policy at all. Lodging a claim with your own insurer, where cover applies, is usually the fastest way to get repairs moving, and insurers can pursue reimbursement from the other party separately if negligence is established. Don't wait on a liability conversation with your neighbour before checking what you're covered for.

Document Everything Early

Photograph the tree, the damage, and its position before any clean-up begins. If you're aware the tree had a known issue (a previous complaint to council, a visible defect, prior storm damage) hold onto any evidence of that too. This kind of documentation matters if liability ends up being disputed later.

If It Turns Into a Genuine Dispute

Most storm damage gets sorted between insurers without much fuss, but if your neighbour disputes responsibility and the tree was known to be a risk, NSW has a specific legal process for this. Under the Trees (Disputes Between Neighbours) Act 2006 (NSW), the Land and Environment Court can order compensation or rectification for damage caused by a neighbour's tree, separate from anything your insurer decides. It's a genuine option if the tree had prior warning signs and your neighbour wasn't willing to act on them, though most people find their dispute resolves at the insurance stage well before it gets anywhere near a court application.

Getting an Arborist Report

If there's any question over the tree being a known risk before it fell, an independent report from a qualified tree arborist in the Sutherland Shire can be very useful. An arborist can often tell whether the tree failed because of the storm alone or whether there were signs it had been deteriorating long before it came down. That independent assessment can be valuable if there's an insurance claim or a dispute over responsibility.

Getting the Tree Removed Safely

Regardless of how the liability side is resolved, the tree still needs to come down safely and promptly. Our tree removal services team can manage this professionally, including coordinating with both properties if access is needed from both sides of the fence.

For larger trees that have come down across a structure, driveway, or in a tricky position between two properties, crane hire is often the safest way to remove the tree without causing further damage on either side.

Keep It Simple Where You Can

Disputes over fallen trees can get complicated quickly, but in a lot of cases, particularly with straightforward storm damage, insurers on both sides sort it out without much drama. In the meantime, your focus should be on making the site safe, documenting the damage before anything is moved, and letting the insurers work through the question of liability.

Whether the tree needs to be made safe immediately or you need an arborist's assessment before the evidence disappears, Bob & Ben The Tree Men can help. Contact our team today to find out the safest and most practical solution for your trees.

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Over 25 years ago, Bob and Ben planted the seeds of what would become one of the most popular and trusted tree service businesses in the Sutherland Shire.

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