Ownership and liability

Trees normally belong to the land on which they stand regardless of who planted them and are therefore the property of the owner of the land, unless otherwise stated in a tenancy agreement.

The position of the trunk determines ownership and this may be shared if the tree straddles a boundary.

The ownership of a tree carries with it the responsibility for any problems or damage that it may cause if it can be demonstrated that the owner was negligent in allowing the tree to become dangerous. The courts have suggested that a tree owner should inspect his trees for potential problems on a regular basis.

If an owner fails to inspect his trees or fails to act on the recommendations of an inspection, he may be judged negligent and liable to pay for the damage caused. Liability can apply as much to the roots of the tree as it does to the branches, where they cross a boundary and cause damage. Negligence is not a consideration where the problem could not reasonably be foreseen.