Wind warnings remains in place across the North East until 9pm Sunday
With the region hit by strong winds overnight as Storm Boelo takes over from Storm Austen, the impact is still being felt as our live reports continue to cover the likes of power cuts and travel disruption. A yellow weather warning for wind remains in place across the region until 9pm this Sunday, extending to amber in some areas of County Durham.
Trees are often the victims of storms and, with many still in autumn leaf, strong winds can place considerable pressure on branches, trunks and root systems. So, homeowners can find themselves dealing with fallen branches causing damage to anything from roof tiles to cars – and there can be awkward conversations in store with the neighbours too.
The founder of a company dedicated to tree law has shared some advice about what to do if, for instance, a neighbour’s tree comes crashing through your roof. It answers the likes of whether your insurance will cover the damage and, if your own tree falls on somebody else’s property, whether you be liable for it.
Sarah Dodd from Tree Law is a specialist tree law solicitor. Here she outlines seven things homeowners should do if a tree falls during a storm.
- Ensure safety is the priority – people are advised to stay away from unstable trees, hanging branches and electricity cables. Sarah says do not attempt dangerous clearance work yourself.
- Photograph everything – record the position of the tree, the damage, exposed roots and any visible decay before anything is removed (provided it is safe to do so).
- Promptly notify your insurer – check whether your policy covers the damage, tree removal costs and any expert inspections. Buildings insurance will generally cover damage to your home but fences, gates and fallen trees that have not damaged a building can be more complicated.
- Speak to the tree owner – if the tree came from neighbouring land, let the owner know and discuss how to manage the clear-up. They are not automatically responsible for the damage simply because the tree belongs to them.
- Use a qualified and insured tree surgeon – fallen trees can be extremely dangerous to dismantle, particularly when branches are under tension or resting against buildings.
- Check whether the tree is protected – Tree Preservation Orders and conservation area protections may still apply. Emergency exemptions can allow necessary work but homeowners should check the requirements and keep evidence.
- Preserve evidence if liability is disputed – if there is a potentially significant claim, consider arranging an independent investigation before the tree is disposed of. Evidence of decay or previous damage could help establish whether the tree owner was negligent.
The expert added that a storm does not automatically remove someone’s legal responsibility for damage caused by their tree. She explained: “A healthy tree falling in extraordinary winds is one thing – a visibly decayed tree, which has been the subject of repeated warnings and has then been left standing next to a busy road or neighbouring house, is quite another.”
She also warns against clearing everything away before the cause of the tree’s failure has been established, adding: “Once a tree has been cut up and removed, valuable evidence of decay, root failure or other structural defects can be lost permanently.” For her full advice see the Tree Law website here.
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