can you stop a neighbour cutting down tree

Tuesday, December 29, 2020

Poorly maintained trees can often become unsafe in high winds and cause extensive damage. Overhanging Branches, Underground Roots Overhanging branches, or underground roots, can reach over into a neighbor’s property — or from theirs to yours. 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. The court will most probably apply a reasonable care standard to determine the case. Some Council's also have mediation services, or CAB's may know about this. No! You can't march into your neighbor's yard and cut down a tree that isn't yours. If it is, you’ll need to seek further clarification. If not, you have no power to stop the landowner from cutting it down. 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. Can I stop my neighbor from recklessly cutting down trees on his own property? Yesterday our neighbors to the left decided to cut down some trees in their yard. 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. 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. Imagine having your favourite backyard tree surreptitiously poisoned or cut down by your neighbour. 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. It's always better to keep the peace with people you have to live next to. Trimming Back Branches. 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. 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 If branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. What you can legally do yourself. Removing their trees/grinding down their stumps kills their roots. Trees or hedges blocking light. Just being large means nothing. Some rare trees can be valued at tens of thousands of dollars. When your neighbor's tree blots out the sun, can you force them to take it down? 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. 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. The first tree fell mere feet from our fence, but it looked like they knew what they were doing for the most part. 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. Walk over, talk to your neighbor and work out a solution. 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. My garden's just beginning to bloom - and so is my neighbour's tree. Neighbours must ensure that the trees don’t interfere with property and that they are kept in good condition. Ok, here we go. If you do harm the tree, you could be found liable for up to three times the value of the tree. If a neighbour’s tree is blocking your light you cannot force them to cut it down. 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. 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. Can I cut down a tree on someone else's property? 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. Depending on the size and type of the tree, the typical replacement cost can be anywhere from $500 to $3000. You can tell the age of a tree by taking a boring and counting the growth rings. 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. 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. You may not go onto the neighbor's property or destroy the tree. If your neighbour's tree is causing problems, the first step is to talk to them. Any plant growth that exceeds 2 meters is 'self-supporting'. As long as the tree is safe and is not causing damage, your neighbour is entitled to grow the 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. Now he is angry at himself for not discussing the issue first. 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. This will depend on whether or not your neighbor took reasonable care of his tree and regularly inspects and maintains it. They may not even be aware of your concerns. If a neighbour's tree is blocking your light you cannot force them to cut it down. My brother than asked if he wanted the branches back.the neighbour said we could throw them over. 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. Can You Legally Cut Branches Hanging Over Your Property Line?. This would add to any evidence re criminal damage. What can happen if you cut down a neighbor tree? No legal advice here. I suspect that you didn't plant it. Is there a clear boundary between you and your neighbour (i.e A fence?). You can sue to enforce that right -- but you probably won't have to, once you tell your neighbor what the law is. The answer to this question affects thousands of people who live across America every year. 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. Would he be liable for the damages? Not in Massachusetts, National Law Review, February 8, 2019. Most trees have a replacement value of between $500 and $2500. 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. Give them the chance to fix things, and look for a solution everyone will be reasonably happy with. Every summer it blots out light across a large part of our garden. I should add there is no supporting trellis above the fence. But, if you want to arm yourself with knowledge before doing that, here’s what you should know about neighbors cutting trees. I also understand that boundary plants should be kept to a reasonable height and am happy to negotiate this. 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. 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. 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. Can I Prevent a Neighbor from Cutting Down Shared Trees? However, the law only allows tree trimming and tree cutting up to the property line. My neighbor's tree looks like it's going to fall on my house any day now. What should I do? How do you know that the willow is 200 years old? 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. 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. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. 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. There are countless court cases between neighbors who live within a one-acre distance of each other and who have trees on their properties. However my brother was busy with work being it a pandemic and he being a key worker. 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