Storm Boelo has brought strong winds to the North East, with a yellow weather warning for wind in place until 9pm Sunday, extending to amber in parts of County Durham. As the region deals with power cuts and travel disruption, homeowners may face damage from fallen trees.
Expert advice on tree damage
Sarah Dodd, a specialist tree law solicitor and founder of Tree Law, has shared seven steps for homeowners dealing with a tree that falls during a storm. Her advice covers insurance, liability, and safety.
- Ensure safety is the priority – stay away from unstable trees, hanging branches, and electricity cables. Do not attempt dangerous clearance work yourself.
- Photograph everything – record the position of the tree, damage, exposed roots, and visible decay before anything is removed, if safe to do so.
- Promptly notify your insurer – check whether your policy covers damage, tree removal costs, and expert inspections. Buildings insurance generally covers home damage, but fences, gates, and fallen trees that haven't 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 clear-up. They are not automatically responsible simply because the tree belongs to them.
- Use a qualified and insured tree surgeon – fallen trees can be dangerous to dismantle, especially when branches are under tension or resting against buildings.
- Check whether the tree is protected – Tree Preservation Orders and conservation area protections may apply. Emergency exemptions can allow necessary work, but homeowners should check requirements and keep evidence.
- Preserve evidence if liability is disputed – for a potentially significant claim, consider an independent investigation before the tree is disposed of. Evidence of decay or previous damage could help establish negligence.
Liability and evidence
Dodd said a storm does not automatically remove legal responsibility for damage caused by a 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 warned against clearing everything away before the cause of the tree's failure is 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."
