FAQ: How To Deal With Neighbor With Tree Encroachment?

What to do if a Neighbour’s tree is affecting you?

If you have a neighbour’s tree hanging over your land, you can:

  1. exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line.
  2. decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself.

How do you deal with an overgrown Neighbour tree?

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. If it is, you’ll need to seek further clarification.

Can you make your neighbor cut down a tree?

No! Crossing property lines to trim or cut down a tree is not something you or your arborist can do. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. If you do go onto a neighbor’s property or harm the tree, you could be liable for double or triple the value of the tree!

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Who is responsible for overhanging tree branches?

Overhanging Branches on Your Property Even if the tree trunk is on your neighbor’s property, you have the responsibility for cutting any branches that extend onto your property line. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.

What is the law on cutting Neighbours trees?

Under common law, a person may cut back any branch (or root) from a neighbour’s tree that overhangs or encroaches onto their property. you must not trespass onto the land on which the trees are growing. branches or roots must not be cut back beyond the boundary in anticipation of them overhanging.

Can my Neighbour cut my tree without asking?

In law you are entitled to cut off any branches overhanging your property provided you return them to the owners. Entering someone’s property, without permission, to cut a tree would undoubtedly be illegal. You may need to take matters to court.

How long before a boundary becomes legal?

In simple terms, the law means that if a neighbour of yours moves their fence by a few metres one year, and you do not complain or even mention it for a certain period of time, they could then legally claim to be the owners and occupiers of the land.

Which trees Cannot be cut without the approval of the government?

Sandal is one of the tree which is not allowed to cut down without the permission of the govt.

How can I stop my neighbor from cutting down trees?

Can My Neighbor Force Me To Remove My Tree?

  1. Talk to you—Your neighbor can ask you politely to trim or remove the tree.
  2. Involve a mediator—The mediator will try to find a solution that works for both you and your neighbor.
  3. Write you a demand letter—Your neighbor can send you a demand letter asking you to remove the tree.
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Who is responsible for fallen branches?

Therefore, if your neighbor’s tree drops a branch and causes injury to a vehicle, person, or structure, they are liable to you for the damages caused. In general, you are legally allowed to take it upon yourself to cut off any tree branch that overhangs your property from the point where it crosses the boundary.

Who is responsible when a neighbor’s dead tree falls in your yard?

If your tree falls onto your neighbor’s property, the first thing your neighbor should do is submit a claim with his or her own insurance company. Their insurance firm will usually be responsible and will handle all damages.

How high can your Neighbours trees be?

2 or more mostly evergreen or semi-evergreen trees or shrubs. over 2 metres tall. affecting your enjoyment of your home or garden because it’s too tall.

Can I prune trees overhanging my property?

If a tree’s branches overhang into your property from a neighbour’s, you can trim them, but only up to the property line. You can’t lean into the neighbour’s garden to do this, though, as it constitutes trespass. If a tree is covered by a Tree Preservation Order, you can’t cut the branches.

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