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who is responsible for an overhanging tree

Well-maintained gardens in private and commercial properties add greatly to the beauty and amenity of our municipality. He came over the other day and said that some of the branches were interfering with his smaller ornamental tree and asked if I would take care of it (on his side of the boundary). 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. However, the best thing would be to contact your Council who may send an arborist to assess and manage the tree. Gardening is a common cause of disputes between landlords and tenants, in fact, around 16% of Tenancy Deposit Scheme Insured disputes are … There are a lot of overhanging trees in my street which grow across boundaries. 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 … Can I cut down my neighbour's overhanging tree? Our neighbour has a tree in her garden, it has grown very high and the branches now overhang our property. However, working out tree care and ownership with your neighbor will ensure you don’t end up at odds. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. It is important to be aware that cutting back overhanging branches may make a tree unstable, "side heavy" and liable to “wind-blow”. The owner of the land is the tree-keeper and is responsible for tree maintenance. They can only trim to the property line. 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 … by Sara-Jayne King. Pruning overhanging tree branches requires an extra level of care. This angle has increased during the six years I have lived here and is now at about 30°. Who is responsible for the waste. There are three main points to remember when dealing with trees on adjacent private property: 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. If the tree in question is dead/dying or has dead branches that could be hazardous, Urban Forestry can investigate. 2. By Wells, Jaworksi & Liebman, LLP on June 1, 2001 in Archive. If a tree trunk is on your property, you are responsible for its maintenance. You will need to show that the landlord has refused to act. Branches of a large tree hang in your yard, but the trunk is planted in your neighbor’s yard. All trees of a certain size are protected in the City of Sydney local area. Before taking any action, find out your rights and responsibilities in this matter. 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. 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. 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. In this blog, we detail who is legally responsible for trimming trees and maintaining a rental garden. Poorly maintained trees and plants however can cause an area to look unsafe, untidy and poorly cared for. Although you don’t need your neighbour’s permission, you may want to tell them of your intentions beforehand as a courtesy. 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. Homeowner tree responsibility with overhanging branches What rights does a homeowner have when a neighbor’s tree branch hangs over the property line? Whose responsibility is it? Also note that you can cut back anything up to your property line. A PRESCRIPTION FOR TROUBLE. Overhanging branches, especially if they are in poor condition, can cause a conflict between neighbors. Understand Tree Ownership and Who Is Responsible For Overhanging Tree Branches The Tree Council of Ireland website (www.treecouncil.ie) explores this and has an excellent FAQ. Laws on Overhanging Tree Branches. My neighbour’s tree has branches that are overhanging or roots that are encroaching onto my property. 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. Who is deemed the responsible tree-keeper? In a timely response to the Ash Dieback advice being provided by Natural England to landowners and farmers with Environmental Stewardship and SSSIs, PLC has published its comments today on landowners’ responsibilities for trees overhanging the public highway (set out below). what are your rights? Care must be taken that, in cutting back branches, the tree is not made unsafe. My neighbour has a huge Ash tree growing in their garden boundary in a private Alleyway. There is a risk of it snapping and falling onto the property. Another issue may arise if the tree that is overhanging or has encroaching roots belongs to the Council. So. This doesn’t mean that your neighbor is always responsible for his or her trees. Damage to property. Who’s Responsible for Pruning Overhanging Tree Branches. Who is responsible for overhanging tree limbs? If that has happened, your neighbor could be required to remove the tree. When a neighbors tree branch is over hanging an adjoining property line, the adjoining property owner has an … ... Tree issues can be very disruptive both above and below ground. 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 … 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. 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. We would like the branches trimmed so that they no longer overhang our property. It is rather common for tree limbs from one property to overhang onto an adjoining property. You can make an application to QCAT yourself. The tree is leaning at an angle directly towards my 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. That also applies to tree roots coming underground and uprooting my fence. I can disconnect the root from the tree by digging on my side and chopping the root away from the fence. If the tree is on urban or residential property, then your neighbor has a legal obligation to prevent risks from unsound trees. Who is responsible for tree maintenance? 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. Understanding UK law relating to trees can help everyone grasp the rights and responsibilities of tree ownership. Situation 1. Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. Is a landowner responsible for trees overhanging a public highway? Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. ... (100) years old which describe overhanging tree branches as a nuisance for which an action for damages lies. Contact Combs Law Group, P.C. I benefit from his tree planting. I said that I … 3. Trimming a neighbour's overhanging branches: Urban Forestry recommends that you discuss this with your neighbour. 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. If you’d like to prune overhanging branches from a neighbour’s tree, you need to apply for permission. I rent my house. As a property owner, you are still entitled to cut back or trim any part of the tree that encroaches on your property. How can I help keep our streets green and safe? 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. One of my neighbors drives me nuts. A tree belongs to the person who owns the land on which it grows. My Neighbor's Overhanging Tree. 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. Author: Attorney Dennis Schaefer. So for 20 years, 11 months and 31 days, you’re a squatter. Good fences, they say, make good neighbours - although with some neighbours, the higher the better. Overhanging tree branches. The growth is simply looked at as part of the landscape. What can I do to try to resolve the problem? If the matter concerns overhanging branches, you should raise your concern with your landlord or agent. I have a large tree in my backyard with some branches overhanging my neighbors yard. 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. A neighbour’s tree causing damage to your property can be a source of conflict. Removal of overhanging branches Removing branches overhanging your property. 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. Technically your neighbour is responsible and you will be able to just throw the waste over their side of the fence. Tree Damage: Who Is Responsible? A tree … 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 . In most cases issues of liability never develop. 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. Who's responsible if a neighbor's overhanging tree is a hazard? at (602)957-9810 for more information. You are responsible for the cost of cutting any branches you choose to trim. You don’t want further damage done during the pruning process. 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. If your neighbor’s tree is on rural property, then your neighbor most likely gets a free pass. 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