My garden is littered with leaves and branches from my neighbour's tree after Storm Boelo – I asked legal experts whose responsibility it is to clear it up

Storm season is officially here, and if your garden has been left strewn with fallen leaves and branches from your neighbours’ trees, you may be wondering who is responsible for the clear-up post Storm Boelo.

Unfortunately, there are plenty of garden features that cause neighbourly disputes, and who is responsible for clearing up fallen leaves is one of them. And post Storm Boelo and Austen, we bet there are plenty of gardens that have had debris blown into them.

If you’ve found yourself knee-deep in leaves and branches this week, and have been scratching your head as to whose job it is to clear it all up, I’ve asked legal experts to explain who is responsible and why. This is what they told me.

Who is responsible for clearing up leaves and branches after a storm?

The short answer to who is responsible for clearing up fallen leaves and branches following a storm is simple. You are. If fallen leaves have blown onto your property, I’m afraid it is your responsibility to tidy them up.

'In most cases, the owner or occupier of the land where leaves or branches have fallen will be responsible for clearing them from their own property. A neighbour is not usually liable simply because leaves from their tree have blown onto adjoining land,’ explains Daniel Stern, partner and head of property litigation and contentious probate at Slater Heelis Solicitors.

‘If a healthy tree loses a branch due to exceptional weather, the affected homeowner will usually be responsible for clearing the debris from their property and, where damage has been caused, may need to make a claim under their buildings or contents insurance policy.’

You will only have a claim against your neighbour if it can be proven that the neighbour knew their tree was damaged or diseased ahead of the storm.

‘A neighbour could potentially be liable if their tree causes injury or property damage and they have failed to take reasonable care to manage a foreseeable risk. For example, if a tree is diseased or structurally unsafe, and a falling branch subsequently damages a roof, there may be grounds for a negligence or nuisance claim,’ explains Paula Moses, legal director in the commercial dispute resolution team at Blacks.

‘However, disease alone does not automatically make a neighbour liable, and a healthy tree falling during a storm would not necessarily amount to negligence.’

What can you do if your neighbour's tree keeps dropping leaves into your garden?

If your neighbour's tree is constantly dropping leaves into your garden, it can be a little frustrating, especially if you lack the mobility to keep clearing them up yourself. If this is the case, a polite, friendly conversation with your neighbour can go a long way.

‘There is nothing to stop you from asking your neighbour to help clear the leaves, and an informal conversation is often the best way to resolve this. However, there is generally no legal obligation for a neighbour to clear leaves that have naturally fallen onto someone else’s property, so any agreement to help would usually be a gesture of goodwill rather than a legal requirement. In this day and age, it might be better to offer to pay someone’s teenager to clear them up, perhaps at a shared cost,’ recommends Paula.

If you ask your neighbour, and they refuse, remember they are within their rights to do so. However, if you do believe the tree is a danger, Daniel recommends putting it in writing.

‘If you are concerned that your neighbour's tree is damaged, diseased or poses an ongoing risk to your property or the safety of others, you should raise your concerns with your neighbour and ask whether the tree has been inspected by a suitably qualified tree surgeon,’ he says.

‘If the neighbour refuses to engage and you believe there is a genuine safety risk, it is sensible to keep a record of your concerns in writing. This may assist if damage occurs in the future and questions arise about whether the risk ought reasonably to have been identified and addressed.’

It’s more than likely that we will see more storms in the coming months. So while you should definitely make a note of what to do with fallen leaves, you should also look at stormproofing your garden, patio and home. After all, it’s better to be safe than sorry.