A brief guide to tree work terminology and definitions. Always obtain independent, professional advice for your own particular situation. Why should I use an ARB Approved Contractor? 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. You can chop back roots to the limit of your property boundary. 2 tall deciduous trees. Suit for Injunctive Relief. I own a fence that I pay personal property tax to the county every year. The next tier review is on December 30 and infections continue to climb and hospital admissions increase. “My neighbor’s tree has branches crossing over my fence. If cutting down a tree with a TPO (if you’ve got permission), it will have to be replaced. If his tree damages your property then he is liable. 1083845. Management Solutions, Software and Survey Equipment, Tree Supplies, Planting Sundries and Aftercare, Student Conference Speakers and Demonstrations. But if the trimming seriously injures your tree, your neighbor will be liable to you for the damage done. You are not allowed to go into a neighbour’s garden without permission to cut a tree back. 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. 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. To avoid any misunderstanding, ask if you can keep them. If the height is the problem do not attempt to trim it without advice from a property solicitor. If, for example, you are worried about shading, it may be that the tree can be thinned rather than chopped down. To run afoul of the law, your neighbor doesn't have to chop down your tree. However, the law only allows tree trimming and tree cutting up to the property line. You can check whether you live in a conservation area. If you do harm the tree, you could be found liable for up to three times the value of the tree. All rights reserved. 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. Cutting a tree. Find out what to do about a neighbour's tatty fence. Call the police. What to do about a neighbour's tatty fence. 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. That could be deemed to be fly tipping of garden waste. As a general rule you have no legal right to a view which has been obscured by your neighbour’s trees. Upholding and establishing a right to light. 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 … It is always better to settle a dispute about trees amicably and it is recommended that you try to resolve it by talking to your neighbours first. If your complaint is successful the LPA will determine an Action Height to which the height of the hedge must be reduced. 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. 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. Before you cut a tree, check if it’s protected by a Tree Preservation Order. 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. On the downside, he neglected to add that it’s a common enough cause of disputes between neighbours too. 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. You should not rely on this information to make (or refrain from making) any decisions. You are allowed, by law, to prune the roots or branches of a hedge if it’s a nuisance and protruding into your garden. Branches Hanging Over Your Yard 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. As a general rule you have no legal right to a view which has been obscured by your neighbour’s … Technically fallen fruit still belong to the owners. If the trunk or main stem of a tree or hedge is on your land, you own it. If a neighbour’s tree is blocking your light you cannot force them to cut it down. Contact your neighbour's landlord. Contact your water company for them to assess possible/potential damage. 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. Company number 4070377. By law, you have the right to trim branches and limbs that extend past the property line. 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. 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. Is it illegal to cut the hedge between me and my neighbour? If the tree has a Preservation Order on it then you cannot cut/pare any branches. If it is, you’ll have to ask the council for permission to cut the tree even if it’s yours. The Arboricultural Association is a registered charity no. But, some of the upper branches of the tree grow into my neighbors backyard. Ironically, even though the branches belong to your neighbour, you cannot simply throw them back over his fence. If you are concerned, then ask the opinion of an arboreal expert and/or surveyor. You can cut branches and/or roots back up to the limit of your property, your garden fence, say. Sometimes hedges are protected by law so it’s best not to touch them until you … 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. This in turn could lead to significant claims for damages if the value of the property is affected detrimentally. 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. www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#Flowchart-1-Making-and-confirming-TPO. 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. There you should stop. A tree belongs to the person who owns the land on which it grows. Give your garden a makeover and save money at the same time with a special Thompson and Morgan offer of 10% off. There you should stop. 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. My neighbor told me to stop cutting them down. 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. Get them to come to your house so you can show them what's happened. Use a mediation service. 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 … It's also an offence to top, lop or wilfully damage a tree in a way that is likely to permanently damage or destroy it. Arboricultural Research and Information Notes. The tree trunk is entirely in my yard. When you cut down hedges in a conservation area, you always need consent for this by the planning authority. He chopped down the hedge before he cut down the tree. Talk to your neighbour. As long as the tree is safe and is not causing damage, your neighbour is entitled to grow the tree. You are not allowed to go into a neighbour’s garden without permission to cut a tree back. 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