However, where the roots of a tree encroach on land owned or occupied by you, you are entitled to chop back the roots to the boundary line. However, the law only allows tree trimming and tree cutting up to the property line. For more information and to get a quote click here. You can buy trees to plant in your garden from our online shop. If, for example, you are worried about shading, it may be that the tree can be thinned rather than chopped down. Contact your water company for them to assess possible/potential damage. As a general rule you have no legal right to a view which has been obscured by your neighbour’s trees. How can I find out if the trees within my ownership are protected? If you are concerned, then ask the opinion of an arboreal expert and/or surveyor. Can you cut them back to their side? If it is, you’ll have to ask the council for permission to cut the tree even if it’s yours. A mutually agreeable solution will be preferable to a lengthy, costly and bitter legal battle. You can have a chat with your local Police, there will be a community or 'beat' police officer for your area, phone the number in your book and ask to make an appointment to see them. Yesterday our neighbors to the left decided to cut down some trees in their yard. Nor can you lean over into his garden to cut back the ‘offending’ branch – you will be trespassing. Why should I use an ARB Approved Contractor? Nor can you lean over into his garden to cut back the ‘offending’ branch – you will be trespassing. As in all these tree-related matters, an early friendly word with your neighbour pointing out the (potential) problem and your proposed resolution to it, is always better than a heated, blame-attaching row later on. For example, your neighbor has the legal right to trim branches of your tree if they hang over the property line. Cutting down, uprooting or wilfully destroying a tree that is subject to a Tree Preservation Order (TPO), is in a conservation area, or is over 5 cubic metres in volume is an offence if permission has not been granted. Copyright © 2019 The Arboricultural Association. A frequent source of neighbour disputes involving tree branches is that they block off natural light and you should carefully check your deeds to find out if they contain a specific right to light. Can I Prevent a Neighbor from Cutting Down Shared Trees? To avoid any misunderstanding, ask if you can keep them. Often, merely notifying the tree owner regarding your right to self-help or local laws regarding encroaching trees, is effective and can keep the issue out of the courtroom. Please get in touch, what to do about a neighbour's overhanging tree branch, garden advice & tips|autumn garden|garden ideas|plants|fruit & veg|garden wildlife. A tree may be planted by neighbors well within the bounds of their property, but over time, some of the branches can extend beyond the property line and into your yard. There you should stop. If your property had been receiving daylight for 20 years but has since had that light blocked by a growing tree, for example when a tree grows so large that it stops sunlight reaching your window, you may be protected by the Rights of Light Act 1959. Call the police. If you do harm the tree, you could be found liable for up to three times the value of the tree. And while you’re at it, can you cut all the roots that are in my lawn?” If I had a dime for every time someone asked me that question, I’d be the better looking version of Bill Gates. Before you cut a tree, check if it’s protected by a Tree Preservation Order. But if the trimming seriously injures your tree, your neighbor will be liable to you for the damage done. Can I get my neighbour to cut back or reduce the height of their trees or hedge? “My neighbor’s tree has branches crossing over my fence. And therefore your neighbour can do the same if it’s your hedge. When it comes to cutting down trees that may straddle both your and your neighbor's property, the general rule is that the owner of the property where the tree's trunk is located is considered the "owner" of the tree. If you have any concerns check with your provider who may suggest additional cover. Company number 4070377. Suit for Injunctive Relief. Find out what to do when a neighbouring tree causes a nuisance, whether it is overhanging branches, blocking light or risking damage to your property. If a neighbour’s tree is blocking your light you cannot force them to cut it down. This in turn could lead to significant claims for damages if the value of the property is affected detrimentally. Get them to come to your house so you can show them what's happened. If the height is the problem do not attempt to trim it without advice from a property solicitor. By law, you have the right to trim branches and limbs that extend past the property line. In most situations the simple answer to this is no. If you believe the tree to be a threat to people or your property (it overhangs a shed or greenhouse, for example, or is rotting and in danger of harming someone) then talk to your neighbour about it. You are not allowed to go into a neighbour’s garden without permission to cut a tree back. Root damage can lead to soil drying out and therefore possibly affecting the foundation of a building or wall. +44 (0)1242 522152 | [email protected] The responsibility for the tree and any damage it may cause is that of the tree-owner. 2 tall deciduous trees. Saga Home Insurance provides cover that goes beyond what you might expect. Cutting a tree. You can sue to enforce that right -- but you probably won't have to, once you tell your neighbor what the law is. The basic rule is that someone who cuts down, removes, or hurts a tree without permission owes the tree's owner money to compensate for the harm done. If his tree damages your property then he is liable. In this situation you should contact an arboricultural consultant for further advice. ‘I think that I shall never see a poem lovely as a tree,’ wrote the American poet Joyce Kilmer. If the roots of neighbor’s row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your home’s foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the … Then the trees that the hedge was made up with can be seen as distinct trees, and you can speak to the local planning enforcement authority about your issue. Company number 4070377. Tree Surgeons and Tree Advisors – Guidance, The Malthouse, Stroud Green, Standish, Stonehouse, Gloucestershire GL10 3DL, Arboricultural Association Ltd. A company registered in England at The Malthouse, Stroud Green, Standish, Stonehouse, Gloucestershire GL10 3DL, UK. A tree belongs to the person who owns the land on which it grows. My Mum has a beautiful old oak tree in her back garden and her neighbours asked her to cut it down - they got very arsey when she refused, it doesn't actually block a lot of light from their garden I cried when I saw a tree had fallen down … Find out what to do about a neighbour's tatty fence. To run afoul of the law, your neighbor doesn't have to chop down your tree. Sometimes hedges are protected by law so it’s best not to touch them until you … If a neighbour's tree is blocking your light you cannot force them to cut it down. Advise your neighbour that you intend to burn them or take them to a recycling centre. You can chop back roots to the limit of your property boundary. There you should stop. Trees were recking my fence so I started to cut them down. Most home/building policies contain an element of garden-related cover. If there is disagreement about the tree’s condition, contact your local council. The trunk of the trees were only half on his side. Upholding and establishing a right to light. Your local council will have a list of preservation orders. as far as i know legally if plants are leaning into someones garden they have the right to cut them back however i think the can only cut them to their garden boundary. Complain about noise to the council. There is usually a charge for this process. You are not allowed to go into a neighbour’s garden without permission to cut a tree back. Its enough to just damage the health of your tree. Subscribe today and you’ll be eligible to join Saga’s free membership programme, Possibilities. Tree disputes can take many forms, such as trees that fall on a neighbor's property and cause damage or circumstances where a neighbor's tree blocks what would be a scenic or otherwise pleasant view. Something that can be more problematic is the part of the tree you can't see - … My neighbor told me to stop cutting them down. Wait until the sun comes out and the tree is shading your garden, then invite your neighbour to have a look. All rights reserved. They might be able to deal with the disagreement on your behalf. You may be able to apply to the courts for daylight to be restored, although if there is a Preservation Order on the tree you would only be allowed to trim it back when it becomes dangerous. In addition, if your neighbor gives you a warning about a tree or portion of a tree that they feel is a hazard or files a complaint with the town about a tree on your property that they believe to be a hazard, if you do nothing to address this concern and any portion of the tree falls on the neighbor’s property, you may be liable for any damage caused. Is it illegal to cut the hedge between me and my neighbour? Ask them what they would do if the circumstances were reversed. Technically fallen fruit still belong to the owners. The first tree fell mere feet from our fence, but it looked like they knew what they were doing for the most part. On the downside, he neglected to add that it’s a common enough cause of disputes between neighbours too. If the original tree grew too big, consider planting smaller tree species in its place that won’t cause the same problems in the future. If it is a large and/or potentially hazardous task, possibly involving a tree surgeon, then talk to your neighbour about the possibility of cost-sharing. He chopped down the hedge before he cut down the tree. Check who owns the tree or hedge. Can I stop my neighbor from recklessly cutting down trees on his own property? www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#Flowchart-1-Making-and-confirming-TPO. You can cut branches and/or roots back up to the limit of your property, your garden fence, say. Removal of tree roots Legal implications of removing encroaching tree roots. Contact your neighbour's landlord. Damage to houses (your own or your neighbour's) caused by falling trees and branches is generally covered by home insurance policies as standard, but check the wording of your cover for any exclusions. 1083845. Generally, if your neighbor is found to have cut down or destroyed a tree you shared, your damages are measured by subtracting the market value of your land after the tree was destroyed from the market value of the land immediately before the tree was destroyed. The tree belongs to the person in whose garden it grows. However, the cut branch(es), and any fruit or flowers attached to the branch(es) remain the property of the tree owner and must be returned. Always obtain independent, professional advice for your own particular situation. As your neighbour could hold you responsible should you cause damage, it is preferable to do this in agreement with the neighbour and in a way which causes the least damage or disfigurement to the plant. It sounds a rather feeble excuse! Talk to your neighbour. You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it. It is not incumbent on the tree-owner to sweep them up, nor collect any fallen fruit. The next tier review is on December 30 and infections continue to climb and hospital admissions increase. For instance, California Civil Code 833 and 834 states that trees whose trunks reside on the land of one owner belong to him or her exclusively, even if their roots or branches grow into the neighbor’s property. Management Solutions, Software and Survey Equipment, Tree Supplies, Planting Sundries and Aftercare, Student Conference Speakers and Demonstrations. They've already cut down the moajority of the branches, but soon they will be cutting down the whole tree! High hedges, trees and boundaries. What to do about a neighbour's tatty fence. A brief guide to tree work terminology and definitions. You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it. The Arboricultural Association is a registered charity no. If your neighbour owns an evergreen hedge close to your property you can make a formal complaint to your Local Planning Authority (LPA) under the High Hedges legislation as set out in Part 8 of the Antisocial Behaviour Act 2003. If your neighbour’s tree or hedge is dangerous and is a hazard to your property then there is action that can usually be taken. If cutting down a tree with a TPO (if you’ve got permission), it will have to be replaced. If the tree has a Preservation Order on it then you cannot cut/pare any branches. It is always best to check if there are any local laws about cutting a neighbor’s trees, but generally, most state and local laws permit you to prune parts of your neighbor’s tree that cross the property line into your side without asking your neighbor. As long as the tree is safe and is not causing damage, your neighbour is entitled to grow the tree. If you cut the branch back beyond the limit of your property, into the very trunk itself, say, you could be liable for damage or trespass. Give your garden a makeover and save money at the same time with a special Thompson and Morgan offer of 10% off. You can cut back any overhanging branch that comes into your property. If the branches and or roots of a neighbouring tree spread into another property, they still belong to the tree-owner. You can cut branches and/or roots back up to the limit of your property, your garden fence, say. 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