Whats Been In the News

26-Aug-2013

Please view the attached Daily Telegraph report regarding an incident involving a tree limb falling onto a neighbouring property.

In this incident the Land and Environment Court ruled that the owner of the tree that caused damage to the neighbouring property is liable for damages caused. Normally when a branch or tree crosses into a neighbouring property the neighbours are responsible (or their insurance company), not the owner of the tree.

An interesting legal precedent may have been set with this case. Further it would be interesting to learn what insurance companies make of the outcome.  It seems that an “Act of God” is no longer an applicable defence.

Further information will be provided to Members as it comes to hand.

Tree branch root of fallout Tree branch root of fallout (78 KB)