Trees and plants belong to both the spiritual and material realm. It’s like a graveyard!” I wailed. “Is away a lot. The thought of poisoning something that brought me joy (I used to sit under its branches and read) was unthinkable, but the proof was all around me. Then there was the maintenance aspect. A massive tree at the side of my house had been chopped down! All Rights Reserved. A request for your neighbour to pay for the damage. The trespass is a civil mater that you would need to take to court yourself. My editor from the Guardian arrived at my cottage for a family holiday. Read on to find out what the rules are for neighbors and trees. Hi Sorry to hear that No, your neighbour has absolutely no right to lean over your fence and cut down your tree on his own without your permission, even if it blocks some light from her garden. If your neighbour does not remove the branches by the specified time, you can remove them yourself or have a contactor remove them at your neighbour’s expense—they are liable to pay up to $300 a year for removing branches from their trees. 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 good chance the disputes council with side with them. Your neighbour’s tree may be upsetting you. If you cut branches or remove a tree on your neighbour’s property, this is trespass and he or she may have a claim for damages covering the cost of replacing the tree with a mature one, as well as any remedial clearing, planting or landscaping work. Criminal damage (felling the tree) and theft (removing it) are police matters. “My backyard is BALD!” I complained on the phone to friends. If you both own the tree, any decisions made about the tree should be settled between you and your neighbor. If branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. When I returned, I saw that he and his family had spent their holiday clearing my grim yard. Show More. Homeowners must inspect trees and ensure their trees are safe. What is the Best Time of Year to Remove Trees? Can I tell my neighbour to come over and sweep up the leaves from their overhanging tree? What if you chose wrong? You have the right to trim or cut back any leaves, branches or roots overhanging the boundary line if the offending tree is not protected, or if you have obtained a permit from the Council.This is the ‘right of abatement’, which means the reduction or removal of a nuisance. “My backyard is BALD!” I complained on the phone to friends. Bob said it needed to be stopped at the source and offered to cut the tree down. Phyllis said, “My neighbors are complaining that they can’t see around the corner when they are driving and have been advocating to have the maintenance guys come and prune it.”. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. You had to water it. Damage caused by tree roots could be an issue, but would not give your neighbour the right to cut down your tree. Repair quotes – ideally more than one. I needed to get rid of the tree, he said. To put a shovel in there would risk dislocating a shoulder. Show Less. View our, The Risk of Using an Uninsured and Unlicensed Arborist. The exception is if damage occurs as a result (e.g. However, when trimming or cutting back, you must not cause unnecessary damage or kill the tree.You are also entitled to return branches, leaves and roots to your neighbour, as technically they remain their property. Again, these laws can differ in each state, so be sure to look up the exact law in your area. I’ve been deluded thinking there isn’t friction | Brigid Delaney, I went back to visit my old school, and something magic and strange happened | Brigid Delaney. This is undoubtedly illegal and could be considered criminal damage, vandalism and trespass. I couldn’t get into it. I’ll wait for rain and for the soil to soften, then I’ll finally begin. If the tree comes with a Tree Preservation Order, it is protected, and it is a criminal offence to cut it down … The heavy branches carried seed pods, that in the wind scattered far and wide, planting small trees like metastasising cancer cells. Can I cut down my neighbour’s tree? To merely jump over the fence and prune, or worse, cut down the tree to your satisfaction will not only constitute trespassing but also malicious damage to your neighbour’s property. Other people helped out. Last week I got a text from a neighbour. The permanence of choosing plants is frightening. The beautiful tree with its branches that formed a gentle canopy across the side yard, shading the back rooms of the house, was in fact a noxious weed, my elderly neighbour Bob had told me repeatedly. You can only trim up to the property boundary. Generally, if a tree trunk sits on both you and your neighbor’s property, is owned by both of you, and you are both responsible for the tree. Sign Up for Free Tree & Landscaping Tips! Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. Then I went away for two months, there was a run of 42 degrees days, it didn’t rain, and everything died. Show us your hardiest plants!”. I was in Bali and sent them photos on WhatsApp of my villa and private pool. If you are on the receiving end and the trees are on your property, then yes, your neighbour does have a case to remove any part of the tree overhanging their property. If your neighbour's tree is diseased or damaged and in danger of falling and you have not been able to reach an agreement with your neighbour, you are not legally entitled to take action yourself if the tree is on your neighbour's property. A request for the tree to be pruned or removed, as appropriate. 23/11/2015 Last Modified: 01/07/2019. You start there and then branch out. If the tree is a danger to the … “We are also in a pool …” My mother wrote back. Ask Your Own UK Property Law Question.

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