Liability for damage caused by trees: who is responsible?

Questioner

A. owns a piece of land and that land is leased by B. There is a very large tree on this land. Who is liable if, for example, a large branch breaks off during a storm and that branch damages a shed, A or B?

Lawyer

According to the law, minor maintenance is the responsibility of the tenant. This includes pruning hedges and sprouting trees. If a branch breaks off because it was not pruned properly, this is at the expense and risk of the tenant Major maintenance, on the other hand, is the responsibility of the lessor. This includes the timely felling of diseased trees whose trunks and roots have been affected. Deviating agreements can be made in the lease agreement.