We are in the season of high winds and those with trees on their land could have damage claims against them where the trees or branches fall onto a neighbour’s land or obstruct a public pathway or road.
The governing law here is the Roads Act, 1993, section 70 which places the responsibility on the landowner to ensure the trees are safe and do not cause damage to others.
S.70 (i) (a) of the Act states:
70.—(1) (a) The owner or occupier of any structure and the owner or occupier of any land on which a structure is situated shall take all reasonable steps to ensure that the structure or the use of the structure is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.
The section has interesting words in this section in ‘all reasonable steps’ so it is not an absolute rule and there is some flexibility. It would appear from this that if a person with trees on their property is fastidious in maintaining the trees, then through storm damage they may not be liable. If the damage is done to a neighbour that also has trees that may not be such an issue. But if the neighbour does not have trees and their property is damaged then it gets more complicated depending on the damage.
Storm damage is regarded as a natural event but poorly maintained or diseased trees on lands may not escape under liability.
Property owners living in suburbs with hedges hanging out over their property obstructing footpaths are liable for any injury caused to pedestrians or children passing by.
In non-stormy weather conditions, liability for fallen trees is covered by the legislation so poorly maintained trees will be the responsibility of the property owner.
Property owners with trees on their land are best advised to ensure the trees are well maintained. Dead trees should be removed as these are most vulnerable in stormy conditions and if in doubt speak to your solicitor.
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