If a majority of the tree is overhanging their property and the council says it’s okay to remove the tree, then there is a … Should the tree or hedge bear fruit that hangs into a neighbour's garden, the neighbour cannot lawfully take the fruit or flowers subject to the Theft Act 1968. I said that I … I can disconnect the root from the tree by digging on my side and chopping the root away from the fence. Situation 1. Who is responsible for tree maintenance? However, working out tree care and ownership with your neighbor will ensure you don’t end up at odds. If that has happened, your neighbor could be required to remove the tree. Who is deemed the responsible tree-keeper? The tree is leaning at an angle directly towards my property. Contact Combs Law Group, P.C. When a neighbors tree branch is over hanging an adjoining property line, the adjoining property owner has an … If a tree sits on the edge of your property and its branches or part of its body extend to the neighbor’s side, or vice versa, determining who is responsible for it can be challenging. It’s important to try to maintain good relationships with your neighbours, so it’s always best to first talk to them about any problems you … You don’t want further damage done during the pruning process. Who’s Responsible for Pruning Overhanging Tree Branches. One of my neighbors drives me nuts. If you’ve contacted the municipality to report an unhealthy tree and it isn’t inspected and maintained, the municipality can be responsible for paying for the cost of damages to your property. If a tree trunk is on your property, you are responsible for its maintenance. at (602)957-9810 for more information. Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. Damage to property. A discussion of the Massachusetts Rule vs. the Hawaii Rule for the responsibility for the trimming of tree branches overhanging onto a neighbor's property. A neighbour’s tree causing damage to your property can be a source of conflict. In this blog, we detail who is legally responsible for trimming trees and maintaining a rental garden. If the tree is on urban or residential property, then your neighbor has a legal obligation to prevent risks from unsound trees. So. Technically your neighbour is responsible and you will be able to just throw the waste over their side of the fence. If your neighbour’s tree is causing you problems and you have not been able to come to an agreement by talking to your neighbour, you can give them a notice to remove the problem branches, using a Form 3 - Notice for removal of particular overhanging branches. Also note that you can cut back anything up to your property line. Overhanging Branches on Your Property; Even if the tree trunk is on your neighbour’s property or on the road, you are mandated by law to cut any branches that extend onto your property line. Can I cut down my neighbour's overhanging tree? However, if you’re the owner/occupier of land over which the branches of a tree overhang, you are generally entitled to chop back the branches to the boundary line. What can I do to try to resolve the problem? Courts also recognized the common law right of self help, the cutting off of the overhanging branches up to the property line, but no further. I discussed this with our neighbour, and although she is happy for the banches to be trimmed, she informed me that it is our responsibility to trim any branches which overhang our property - is this … Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. The trunk of the tree from about 5 ft above ground level upwards is now in my property and hence the greater proportion of the crown is now overhanging my property. It is important to be aware that cutting back overhanging branches may make a tree unstable, "side heavy" and liable to “wind-blow”. We all know about adverse possession, that peculiar legal doctrine that holds in essence that if you’re brazen enough to trespass on someone else’s land continuously for a period prescribed by statute, the property becomes yours.In most places, such as Pennsylvania, the period is 21 years long. If you’d like to prune overhanging branches from a neighbour’s tree, you need to apply for permission. Who's responsible if a neighbor's overhanging tree is a hazard? If you are considering cutting back overhanging branches or tree roots on your land we advise you to get the opinion of a qualified tree specialist first, as you may cause the tree to become unstable or die. Depending on how out of control the growth is, you can decide what extra trimming on your side makes sense to keep the peace. by Sara-Jayne King. Who is responsible for overhanging tree limbs? Another issue may arise if the tree that is overhanging or has encroaching roots belongs to the Council. The Ash tree has grown to a great height and its branches are now overhanging high and in all directions with a distance of 6-7 meters away from my property. Author: Attorney Dennis Schaefer. There are a lot of overhanging trees in my street which grow across boundaries. what are your rights? Poorly maintained trees and plants however can cause an area to look unsafe, untidy and poorly cared for. Branches of a large tree hang in your yard, but the trunk is planted in your neighbor’s yard. You are responsible for the cost of cutting any branches you choose to trim. A tree belongs to the person who owns the land on which it grows. By Wells, Jaworksi & Liebman, LLP on June 1, 2001 in Archive. ... (100) years old which describe overhanging tree branches as a nuisance for which an action for damages lies. Trimming a neighbour's overhanging branches: Urban Forestry recommends that you discuss this with your neighbour. Before taking any action, find out your rights and responsibilities in this matter. Pruning overhanging tree branches requires an extra level of care. If the matter concerns overhanging branches, you should raise your concern with your landlord or agent. Overhanging trees affecting telephone wires, ... Opernreach are responsible for the infrastructure and probably the most appropriate place to report this is the "Tell us something" section here. BC law says a municipality won’t be responsible for paying damages in a legal action unless you’ve provided written notice about the legal problem within 60 days . Care must be taken that, in cutting back branches, the tree is not made unsafe. Good fences, they say, make good neighbours - although with some neighbours, the higher the better. A PRESCRIPTION FOR TROUBLE. 2. My neighbour has a huge Ash tree growing in their garden boundary in a private Alleyway. Whose responsibility is it? Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. Trees add structure and drama to a garden but their size and potential to cause nuisance or damage means they can sometimes be a worry. If you think a tree is causing damage to your property then you should contact your property insurer or seek legal advice. Understanding UK law relating to trees can help everyone grasp the rights and responsibilities of tree ownership. Although you don’t need your neighbour’s permission, you may want to tell them of your intentions beforehand as a courtesy. The Tree Council of Ireland website (www.treecouncil.ie) explores this and has an excellent FAQ. If the tree is just a Maple, so sheds its leaves and that is all it can do then I have the right to cut everything that hangs over. All trees of a certain size are protected in the City of Sydney local area. Removal of overhanging branches Removing branches overhanging your property. When it comes to overhanging tree branches in your yard, over your house, or along power lines that effect your home, you may have some say about what happens to that tree and its maintenance. My Neighbor's Overhanging Tree. order about a tree where they can show that their landlord has refused to take any action about a tree that is affecting the land. That also applies to tree roots coming underground and uprooting my fence. However, the best thing would be to contact your Council who may send an arborist to assess and manage the tree. My neighbour’s tree has branches that are overhanging or roots that are encroaching onto my property. This doesn’t mean that your neighbor is always responsible for his or her trees. I have a large tree in my backyard with some branches overhanging my neighbors yard. Our neighbour has a tree in her garden, it has grown very high and the branches now overhang our property. It's your neighbor's financial responsibility to trim back vegetation overhanging their property, not yours, even if the plant or tree is on your property. So for 20 years, 11 months and 31 days, you’re a squatter. 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