Trees or hedges blocking light. to be fair, i've always thought they must block a certain amount of light from the rear neighbours's houses, but it's bleeping criminal to chop down decades old trees in their early summer pomp. If you were to talk to her again and she still didn't listen, maybe even getting the other neighbours on board too, you could write to her saying what your concerns are, then if the worst comes to the worst you have a record to show what you have tried to do. A Generally, yes; you can cut back any part of a tree (or any other plant), including the roots, which encroaches on your boundary, as far as the boundary line. If it is, you’ll need to seek further clarification. There are countless court cases between neighbors who live within a one-acre distance of each other and who have trees on their properties. When the neighbor did eventually come out, his explanation for having the tree on the property line removed was that he we were overdue for a storm, he was afraid of the tree falling on his propane tank, that he's been wanting it cut down for years, and finally that he was simply tired of cleaning up after it. No! If you do intend to remove encroaching tree roots you should bear in mind the following matters: The possibility that you may commit a trespass If you remove tree roots beyond the boundary line without your neighbour’s permission then you will commit a trespass and a claim for trespass could be pursued against you through the Courts. 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 the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree. This will depend on whether or not your neighbor took reasonable care of his tree and regularly inspects and maintains it. What you can legally do yourself. The law is not the only arrow in your quiver and, where it is not sufficient to accomplish your objectives, you may have the power of $$$ and a contract. They may not even be aware of your concerns. My brother than asked if he wanted the branches back.the neighbour said we could throw them over. Once you have their blessing you should let the neighbor know that you will have someone clean up the leaves and see if that makes it all better with those neighbors. Because half the tree is in your neighbors yard and half in yours you cannot destroy the trees by cutting them down with out his permission, But you can trim back the Branches that are on your property,and ca cut back ant brances that hang down over on to your side of the Fence Some rare trees can be valued at tens of thousands of dollars. Ok, here we go. Imagine having your favourite backyard tree surreptitiously poisoned or cut down by your neighbour. If your actions cause damage or ultimately kill a neighbor’s tree, you may be found liable for up to three times the replacement cost of the tree. You really need to start with your Homeowners Association to see if they have a process to go through allowing you to cut trees down. Can You Legally Cut Branches Hanging Over Your Property Line?. It started with my brother cutting the neighbour tree, the neighbour said he wanted it cut, so my brother cut them down abit as they were overhanging our garden. Every summer it blots out light across a large part of our garden. But, if you want to arm yourself with knowledge before doing that, here’s what you should know about neighbors cutting trees. Can I Prevent a Neighbor from Cutting Down Shared Trees? Not in Massachusetts, National Law Review, February 8, 2019. Poorly maintained trees can often become unsafe in high winds and cause extensive damage. As long as the tree is safe and is not causing damage, your neighbour is entitled to grow the tree. If you or your neighbor decide to trim branches, cut tree roots, or treat parts of the tree with a chemical that ultimately causes damage to the tree or your neighbor’s trees, you could be liable for damages. Any plant growth that exceeds 2 meters is 'self-supporting'. 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. The court will most probably apply a reasonable care standard to determine the case. If branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. Trimming Back Branches. If not, you have no power to stop the landowner from cutting it down. Walk over, talk to your neighbor and work out a solution. If you have a neighbour’s tree hanging over your land, you can: exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line; decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. When your neighbor's tree blots out the sun, can you force them to take it down? Can I stop my neighbor from recklessly cutting down trees on his own property? However my brother was busy with work being it a pandemic and he being a key worker. Removing their trees/grinding down their stumps kills their roots. If a neighbour’s tree is blocking your light you cannot force them to cut it down. I appreciate that ivy is an invasive plant that can be an annoyance to neighbours and I know they are free to cut the ivy as much as they like within their boundary. The answer to this question affects thousands of people who live across America every year. If a neighbour's tree is blocking your light you cannot force them to cut it down. The first tree fell mere feet from our fence, but it looked like they knew what they were doing for the most part. What if a storm knocked down a huge limb from my neighbor’s tree, damaging my property? First of all, let me tell you that this, as others have said, is totally unethical and in most cases, unlawful. You can't march into your neighbor's yard and cut down a tree that isn't yours. I suspect that you didn't plant it. Now he is angry at himself for not discussing the issue first. It's always better to keep the peace with people you have to live next to. What should I do? 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. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. Explains the holding in Shiel v. Rowell: If a tree is healthy, a property owner does not have to cut it down or trim it to please a neighbor. My garden's just beginning to bloom - and so is my neighbour's tree. If one of your neighbors has informed you they will be destroying trees that you share against your objections, you may go to court and file an injunction. My neighbor's tree looks like it's going to fall on my house any day now. What can happen if you cut down a neighbor tree? However, the law only allows tree trimming and tree cutting up to the property line. I should add there is no supporting trellis above the fence. Neighbours must ensure that the trees don’t interfere with property and that they are kept in good condition. How do you know that the willow is 200 years old? Depending on the size and type of the tree, the typical replacement cost can be anywhere from $500 to $3000. Would he be liable for the damages? Overhanging Branches, Underground Roots Overhanging branches, or underground roots, can reach over into a neighbor’s property — or from theirs to yours. You're legally allowed to trim branches and roots from your neighbour's tree if they have inched over to your property, however it's unlikely that you'll be able to claim back any costs incurred. grrrrrrrr just returned from 3 days super camping with nippers to find that behind us, 2 trees are in the process of being chopped down. This would add to any evidence re criminal damage. Some Council's also have mediation services, or CAB's may know about this. I also understand that boundary plants should be kept to a reasonable height and am happy to negotiate this. Is there a clear boundary between you and your neighbour (i.e A fence?). In some cases a neighbor's tree may actually block a view of something unpleasant -- such as a garbage collection site or freeway -- and the cutting down of trees may also cause friction. Just being large means nothing. If you believe that a neighbour’s tree may be unsafe you can contact your local authority who will come out and assess the danger. If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. No legal advice here. My neighbor recently cut down a bunch of trees on his property before he realized how much I would have paid him to leave them up. Yesterday our neighbors to the left decided to cut down some trees in their yard. Q: My neighbour has a lot of trees in his front and back garden, and the tree branches overgrow the boundary walls.As I do not want to cause any bad feeling, I do not kick up about this. Give them the chance to fix things, and look for a solution everyone will be reasonably happy with. You can tell the age of a tree by taking a boring and counting the growth rings. If your neighbour's tree is causing problems, the first step is to talk to them. Can I cut down a tree on someone else's property? If there is no boundary dispute and the neighbour's contractors clearly trespassed to cut the tree down then I agree fully with 'Treeman' that there is an offence of Criminal Damage and it should be prosecuted in the criminal courts. You may not go onto the neighbor's property or destroy the tree. You can sue to enforce that right -- but you probably won't have to, once you tell your neighbor what the law is. Most trees have a replacement value of between $500 and $2500. If you do harm the tree, you could be found liable for up to three times the value of the tree. Things, and look for a solution everyone will be reasonably happy with so is my neighbour 's tree on. 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