Tree Damage Liability: Who Pays When a Tree Causes Damage?

When a tree on your property causes damage to a neighbour’s property, or vice versa, the question of liability can become complex. Understanding the legal principles helps you protect yourself and respond appropriately.

General Principles of Tree Liability

In Australia, tree owners have a duty of care to maintain their trees in a reasonably safe condition. If a tree causes damage because the owner knew (or should have known) about a defect and failed to act, the owner may be liable. Sudden storm damage from a healthy tree is generally not the owner’s fault. An arborist report documenting regular tree maintenance can help demonstrate you have met your duty of care.

Who Pays for Damage?

If your tree damages a neighbour’s property, your public liability insurance or home insurance may cover the costs. If a neighbour’s tree damages your property, your own insurance typically covers repairs, and you may then pursue the neighbour for reimbursement if negligence can be demonstrated. For related disputes, see our neighbour tree disputes guide and tree removal insurance guide.

Reducing Your Liability

Regular tree inspections by a qualified arborist, prompt action on identified hazards, documented maintenance records, and appropriate insurance coverage all help reduce your liability. If a tree does cause damage, emergency tree removal services should be engaged immediately to prevent further damage.

Get Professional Tree Assessment

We connect you with qualified arborists who can assess your trees and provide reports that demonstrate your duty of care. Find a qualified arborist near you for professional assessment.