You don’t want further damage done during the pruning process. 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. However, working out tree care and ownership with your neighbor will ensure you don’t end up at odds. 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. I have a large tree in my backyard with some branches overhanging my neighbors yard. If that has happened, your neighbor could be required to remove the 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 . Is a landowner responsible for trees overhanging a public highway? ... (100) years old which describe overhanging tree branches as a nuisance for which an action for damages lies. This angle has increased during the six years I have lived here and is now at about 30°. When a neighbors tree branch is over hanging an adjoining property line, the adjoining property owner has an … There are three main points to remember when dealing with trees on adjacent private property: I can disconnect the root from the tree by digging on my side and chopping the root away from the fence. That also applies to tree roots coming underground and uprooting my fence. The Tree Council of Ireland website (www.treecouncil.ie) explores this and has an excellent FAQ. How can I help keep our streets green and safe? 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. 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. Technically your neighbour is responsible and you will be able to just throw the waste over their side of the fence. Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. My neighbour has a huge Ash tree growing in their garden boundary in a private Alleyway. We would like the branches trimmed so that they no longer overhang our property. If the tree in question is dead/dying or has dead branches that could be hazardous, Urban Forestry can investigate. 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. Good fences, they say, make good neighbours - although with some neighbours, the higher the better. 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. If the tree is on urban or residential property, then your neighbor has a legal obligation to prevent risks from unsound trees. Trimming a neighbour's overhanging branches: Urban Forestry recommends that you discuss this with your neighbour. A tree belongs to the person who owns the land on which it grows. You can make an application to QCAT yourself. 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). Homeowner tree responsibility with overhanging branches What rights does a homeowner have when a neighbor’s tree branch hangs over the property line? If the matter concerns overhanging branches, you should raise your concern with your landlord or agent. 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. It is rather common for tree limbs from one property to overhang onto an adjoining property. My neighbour’s tree has branches that are overhanging or roots that are encroaching onto my 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. by Sara-Jayne King. 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. Contact Combs Law Group, P.C. So. However, the best thing would be to contact your Council who may send an arborist to assess and manage the tree. 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. So for 20 years, 11 months and 31 days, you’re a squatter. Who is responsible for overhanging tree limbs? Care must be taken that, in cutting back branches, the tree is not made unsafe. what are your rights? It is important to be aware that cutting back overhanging branches may make a tree unstable, "side heavy" and liable to “wind-blow”. There is a risk of it snapping and falling onto the property. I rent my house. If you’d like to prune overhanging branches from a neighbour’s tree, you need to apply for permission. 11 June 2019 5:22 PM. 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. Situation 1. Although you don’t need your neighbour’s permission, you may want to tell them of your intentions beforehand as a courtesy. 3. If you think a tree is causing damage to your property then you should contact your property insurer or seek legal advice. 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. ... Tree issues can be very disruptive both above and below ground. Understanding UK law relating to trees can help everyone grasp the rights and responsibilities of tree ownership. Can I cut down my neighbour's overhanging tree? You will need to show that the landlord has refused to act. Pruning overhanging tree branches requires an extra level of care. By Wells, Jaworksi & Liebman, LLP on June 1, 2001 in Archive. In most cases issues of liability never develop. What can I do to try to resolve the problem? 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. A tree … Also note that you can cut back anything up to your property line. 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). Well-maintained gardens in private and commercial properties add greatly to the beauty and amenity of our municipality. 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 … Another issue may arise if the tree that is overhanging or has encroaching roots belongs to the Council. I benefit from his tree planting. 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. The owner of the land is the tree-keeper and is responsible for tree maintenance. 2. They can only trim to the property line. My Neighbor's Overhanging Tree. Who is responsible for the waste. Poorly maintained trees and plants however can cause an area to look unsafe, untidy and poorly cared for. Who’s Responsible for Pruning Overhanging Tree Branches. Who is deemed the responsible tree-keeper? Author: Attorney Dennis Schaefer. The tree is leaning at an angle directly towards my property. 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