my neighbour cut down my tree
Can I get my neighbour to cut back or reduce the height of their trees or hedge? Trees and plants belong to both the spiritual and material realm. If you've just moved into a property, particularly a period home, be careful not to prune or cut down any large trees in your garden before you've established their status with your local council. Why was everything suddenly brighter? Then I went away for two months, there was a run of 42 degrees days, it didn’t rain, and everything died. “A pool of sweat.”. It just seemed very dull. If you cut branches or remove a tree on your neighbour’s property, this is trespass and he or she may have a claim for damages covering the cost of replacing the tree with a mature one, as well as any remedial clearing, planting or landscaping work. If the tree is a danger to the … Oh the shame. There was something called “pruning.” You spent hours on a Saturday at garden centres. Davey uses cookies to make your experience a great one by providing us analytics so we can offer you the most relevant content. Bob said it needed to be stopped at the source and offered to cut the tree down. Have a pruning plan worked out with your neighbor? At a party I bailed up garden designer Sebastian Tesoriero. She had been up before it got too hot to plant, and created a little garden near the noxious tree stump. All that was left was stumps and a small pile of firewood. Davey disclaims all liability for actions taken or not taken based on the above information. That was the case for Phyllis J., a Davey blog reader from Arizona who wrote about a palm tree that sits on the corner of her lot. My feeling is that if it was me I would have been arrested etc but I want to know where I stand. But what? Once you choose to plant something, it could be there forever, Last modified on Fri 22 Mar 2019 04.04 AEDT. I have these STUMPS! There were four bags of leaves and other garden debris in the garage. If the tree comes with a Tree Preservation Order, it is protected, and it is a criminal offence to cut it down … I had planted them via a third party. First thing’s first! It’s very therapeutic. 23/11/2015 Last Modified: 01/07/2019. The next day I woke up. To put a shovel in there would risk dislocating a shoulder. 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! She seemed quite surprised that wasn't of importance to me. If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. It’s like a graveyard!” I wailed. If the tree is on someone else’s property, you should not go onto someone else’s property to alter the tree as there could be legal and financial consequences. And, since this case isn’t about a tree that’s posing harm or impeding on their property at all, the neighbor cannot force Phyllis to cut it down. They may not even be aware of your concerns. A massive tree at the side of my house had been chopped down! Can I tell my neighbour to come over and sweep up the leaves from their overhanging tree? By continuing to use this site, you accept our use of cookies. I needed to get rid of the tree, he said. I bang on about the environment but I can’t be arsed watering my own plants. Afterwards I felt stiller, more calm. If your neighbour's tree is diseased or damaged and in danger of falling and you have not been able to reach an agreement with your neighbour, you are not legally entitled to take action yourself if the tree is on your neighbour's property. Neither you nor your arborist may go onto a neighbor's property or destroy the tree. To merely jump over the fence and prune, or worse, cut down the tree to your satisfaction will not only constitute trespassing but also malicious damage to your neighbour’s property. She showed me how to water them. how can i get my neighbour to cut down his tree that is too high and too near our houses , also making our rooms dark by cutting out the light and the sun. You start there and then branch out. Criminal damage (felling the tree) and theft (removing it) are police matters. Know your rights. Once my garden had been cleared, it was time to plant. Late last week, I received a letter from my neighbour claiming that trees on my property were dropping leaves onto their property and blocking their sunlight. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. No! By continuing to use this site, you accept our use of cookies. Bob helped them. All Rights Reserved. In most situations the simple answer to this is no. The owner of a tree is not obliged to clear up fallen leaves. It took several hours of confusion, walking around my brilliantly bright house to realise. “We are also in a pool …” My mother wrote back. “The combined age of your two gardeners is 159,” my mum messaged me. The courts have carefully considered the basis on which you can approach the court, now generally considered as “nuisance”. Sign Up for Free Tree & Landscaping Tips! You can only trim up to the property boundary. He suggested I plant things that sounded like a list of medieval skin diseases: Acacia leprosa ‘Scarlet Blaze’, Acacia cognata, Acacia rubida, Acacia floribunda, Acacia implexa, Callistemon viminalis ‘Prolific’, Callistemon sieberi, dwarf Flowering Gums, Photinia. I just didn’t get plants. Sharon wanted to plant me a garden. She needs plants that will survive in desert or drought conditions. Had the sun gotten bigger? Just like you wouldn’t go onto your neighbor’s property to tidy up any of their other property, the same goes for their tree. To remove the tree, both property owners must consent. Start with the best solution that can make everyone happy. My eyes glazed over. This is known as the right of abatement, and is done at your cost, unless otherwise agreed. While you may treasure a tree, your neighbor may lament it. If attempts to negotiate a solution fail, the law is very clear: since the tree belongs to your neighbour, you can’t chop it down. Why was I letting my garden die? And the permanence was frightening. Each leaf is a miracle of creation and design. If your neighbor or someone else cuts down, removes, or hurts a tree on your property without your permission, that person is required to compensate you (the tree owner) for your loss. You may only prune up to the property line and must stay on your property. The Latin was confusing. Can I cut down my neighbour’s tree? Damage caused by tree roots could be an issue, but would not give your neighbour the right to cut down your tree. View our, The Risk of Using an Uninsured and Unlicensed Arborist. My next door neighbour has asked if I would cut down a tree in my back garden which he claims blocks sunlight to his … Press J to jump to the feed. The beautiful tree with its branches that formed a gentle canopy across the side yard, shading the back rooms of the house, was in fact a noxious weed, my elderly neighbour Bob had told me repeatedly. You can trim branches or roots that cross into your property from a neighbour’s property or a public road. What if you chose wrong? “My trees were cut down. I couldn’t get into it. Hi Sorry to hear that No, your neighbour has absolutely no right to lean over your fence and cut down your tree on his own without your permission, even if it blocks some light from her garden. Your neighbour’s tree may be upsetting you. Walk over, talk to your neighbor and work out a solution. If branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. I was in Bali and sent them photos on WhatsApp of my villa and private pool. What did that say about my character? When we were pruning a relative's tree last year, the neighbour at the end of his garden asked us to cut it down because the leaves blow into her garden in the autumn. You spend a couple of hours in the gardens staring at trees, moving slowly among them. This goes back to the submission from Pyllis—can a neighbor force her to prune or cut down the palm tree? I didn’t know the names or how to plant them. Yes. It was like … there was more light. Can I cut off roots growing into my property? “This person,” she said pointing at me. The trespass is a civil mater that you would need to take to court yourself. And they were mine. This could not go on. My house was turning into a community garden. A request for the tree to be pruned or removed, as appropriate. When you can trim hedges or trees. I was in Sydney. Show Less. If the problem is one of overhanging branches then the law does allow you to cut back the branches, but you must give the cut branches back to your neighbour. There is no "right to light" in English law and they cannot force you to do anything about this. Small versions of my tree were growing in the nearby creeks, gullies, neighbours’ gardens and my own. Be careful to check if any trees are subject to a preservation order - your local authority will be able to tell you this. A few years ago, my family had to talk me out of buying a house with a massive front hedge as it was assumed that I wouldn’t know how to trim the hedge and so it would be grown into the house, and I would be trapped with a dwindling supply of groceries and never seen again. Just before Christmas last year, a good friend came up for the weekend from Sydney. ©2021 The Davey Tree Expert Company. No. Last year I returned from a long overseas trip and flopped down on the couch. “My backyard is BALD!” I complained on the phone to friends. “It’s so ugly out there and bright.”. I’ve been deluded thinking there isn’t friction | Brigid Delaney, I went back to visit my old school, and something magic and strange happened | Brigid Delaney. I needed to take some responsibility. From branches that inch over the property line to tall trees that block a view, dealing with plants that affect multiple properties is tricky! Ask Your Own UK Property Law Question. They wouldn’t be as magnificent as the noxious weed tree but they were a start. The plant people were passionate, but it was like they were speaking another language – the language of trees. If necessary, you can sue to enforce your rights. My editor from the Guardian arrived at my cottage for a family holiday. A request for your neighbour to pay for the damage. Contact a Davey arborist to get started and receive a free pruning consultation. Last week I got a text from a neighbour. It had gone from merely unkempt to a sort of Mad Max badlands – all sinister and rough. Brigid Delaney is a Guardian Australia columnist, Just kids: the people I knew in my glory years before they were famous (or infamous) | Brigid Delaney, Are we killing Bali? Unless you agree otherwise, you must return the branches & leaves to your neighbour as … No! I’ll wait for rain and for the soil to soften, then I’ll finally begin. I was like “yeah yeah, chop it down” – but I didn’t think he would actually chop it down. If the tree trunk sits entirely in your neighbor’s yard, they’re the owner. Roots. Bob said it needed to be stopped at the source and offered to cut the tree down. But, if you want to arm yourself with knowledge before doing that, here’s what you should know about neighbors cutting trees. 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. Tree Service Experts Since 1880. Can My Neighbor Force Me to Cut Down or Trim My Trees? The exception is if damage occurs as a result (e.g. If you can’t come up with a win-win solution, consider working with a mediator. Also, you can still be held liable if the pruning destroys or harms the tree. Give them the chance to fix things, and look for … My neighbour has cut a tree down in my garden. Then I went to a weird and wonderful thing called Forest Bathing in the Melbourne Botanical Gardens. blocked drains) in which case it is advisable to notify the tree owner in a letter. You still can’t go onto your neighbour's Show us your hardiest plants!”. 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. My mother thought a minimalist garden of mostly rocks and cactus would suit my skill level. Read on to find out what the rules are for neighbors and trees. Your neighbour and or his agents have committed the offences of trespass, criminal damage and possible theft. Before you act or rely on the information above, you should consult your applicable state and local laws or speak with an attorney. If you both own the tree, any decisions made about the tree should be settled between you and your neighbor. When I returned, I saw that he and his family had spent their holiday clearing my grim yard. Show More. It will be difficult to get the … And how? Phyllis said, “My neighbors are complaining that they can’t see around the corner when they are driving and have been advocating to have the maintenance guys come and prune it.”. Small versions of my tree were growing in the nearby creeks, gullies, neighbours’ gardens and my own. If you think there’s a chance your neighbor’s tree could fall or pose a threat to your yard, check with your city government to see what action you can take. Bob said it needed to be stopped at the source and offered to cut the tree down. My dad, a keen gardener, came down one weekend with my mother to try and fix up the garden. Answered in 2 minutes by: 8/16/2013. Davey uses cookies to make your experience a great one by providing us analytics so we can offer you the most relevant content. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. My father thought Manchurian pears would be suitable. Again, these laws can differ in each state, so be sure to look up the exact law in your area. Once you chose to plant something, it could be there forever. Homeowners must inspect trees and ensure their trees are safe. I was like “yeah yeah, chop it down” – but I didn’t think he would actually chop it down. If the tree’s trunk sits wholly on Phyllis’s property, it’s up to her to decide what happens to the tree. If a majority of the tree is overhanging their property and the council says it’s okay to remove the tree, then there is a good chance the disputes council with side with them. Also, can I cut my Neighbours Tree UK? Other people helped out. Beauty is in the eye of the beholder. She wrote “I have mowed your lawn and cut the dead tops off your agapanthus”. It was like Paul Bunyan had been passing through with his giant axe. We woke early on Saturday and went to the farmers markets. Does a neighbor have the right to trim or cut down a tree on someone else’s property? The permanence of choosing plants is frightening. You have the right to trim or cut back any leaves, branches or roots overhanging the boundary line if the offending tree is not protected, or if you have obtained a permit from the Council.This is the ‘right of abatement’, which means the reduction or removal of a nuisance. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. I needed to poison it. You had to water it. That’s not a good state of affairs. I looked around, something was different. 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! I did not speak tree. However, when trimming or cutting back, you must not cause unnecessary damage or kill the tree.You are also entitled to return branches, leaves and roots to your neighbour, as technically they remain their property. For example, maybe it has overreaching branches or roots (or both), or looks unhealthy or unsafe, or is healthy but is blocking light or beautiful views. The thought of poisoning something that brought me joy (I used to sit under its branches and read) was unthinkable, but the proof was all around me. Returning now in autumn to my parched bit of earth, the ground was hard and cracked. I live in a relatively dense part of Grey Lynn and have recently had problems with my neighbours relating to trees on my property. 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! “My backyard is BALD!” I complained on the phone to friends. What is the Best Time of Year to Remove Trees? If you are on the receiving end and the trees are on your property, then yes, your neighbour does have a case to remove any part of the tree overhanging their property. Ok sounds simple this occured while he was having his extension built and he has admitted it it. Share this conversation. The problem is he is ex police and his "colleagues" are doing nothing. If your neighbour's tree is causing problems, the first step is to talk to them. Generally, if a tree trunk sits on both you and your neighbor’s property, is owned by both of you, and you are both responsible for the tree. “Is away a lot. The little plants were in the dirt. This is undoubtedly illegal and could be considered criminal damage, vandalism and trespass. Press question mark … Crossing property lines to trim or cut down a tree is not something you or your arborist can do. The cliches in my case have a literal application. It doesn't even overhang her garden. You’ve got to look after your own backyard. However, this question can get more complicated if the tree poses a hazard or danger. When I said no, that my relative loves this tree, she said that she didn't like it. What did it say about the stewardship I had over this piece of land? 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. Your neighbour will then have 21 days to respond to the letter, and will hopefully come back to you with a solution to sort out the problem. Then there was the maintenance aspect. *The information above does not constitute legal advice. Repair quotes – ideally more than one. Homeowners can be held liable if they fail to remove a dangerous tree and it causes damages. If you cut down a tree with a preservation order, you will be guilty of an offence under section 210 or 211 of the Town and Country Planning Act 1990. If your neighbour does not remove the branches by the specified time, you can remove them yourself or have a contactor remove them at your neighbour’s expense—they are liable to pay up to $300 a year for removing branches from their trees. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. Your neighbour might argue that the tree had damaged his wall or a jointly owned wall. Subscribe to the "The Sapling" on the Davey Blog for the latest tips to keep your outdoor space in tip-top shape throughout the year. View our Privacy Policy for more information. “Yo house you is lit AF,” I thought to myself. Small versions of my tree were growing in the nearby creeks, gullies, neighbours’ gardens and my own. The heavy branches carried seed pods, that in the wind scattered far and wide, planting small trees like metastasising cancer cells.