Who is responsible for the tree in your garden?

Questioner

Ir/Madam, Our building consists of 4 owner-occupied homes (on private land). The ground floor apartment has a garden. There is a tree in the garden. The tree is sick and needs to be cut down. Is the tree owned by the VvE or by the owner of the apartment on the ground floor? And who is responsible for the costs of cutting it down? In old minutes of the VvE I can read the following: 05/11/2003: '-Tree in Garden X X wonders who is responsible if something happens to the large tree in the garden; suppose the tree falls over and damages the VVE property and/or the neighbours' property or it becomes sick (elm disease) and has to be removed. Who will then bear the costs? Etc... Y has now called the insurance company, which is responsible for the VVE's liability insurance, and it turns out that the VVE is responsible and liable for the tree. The tree is not on municipal land but on private land.' In addition, I read in the deed of division into apartment rights: The declarant, acting as reported, stated A.1. The aforementioned X is the owner of the apartment right, entitled to the exclusive use of the house, located on the ground floor and the garden at the rear, with the living area and associated attic storage space located indirectly above it, [...]' Thank you in advance for your response, Yours sincerely, B.

Lawyer

The deed of division (and/or the model regulations designated therein) includes what the common matters are. If the tree is not explicitly mentioned (and that seems plausible to me) then the tree is the responsibility of the owner of the garden. That is logical in this case, it could be different if there is a communal garden. What the insurance company thinks about it is not really relevant.

Lawyer

If the tree is on land that is owned by one of the owners, it is a private matter. This means that the owner is responsible for the tree and must pay the costs of any felling. If the tree causes damage to the building, the owner is liable.