Quick Answer: Can I Force My Neighbor To Cut Down A Tree?

Is it against the law to cut down an oak tree?

The reality is you are permitted to prune or cut down any tree on your land, regardless of whether it is healthy or not, if it is not subject to a Tree Preservation Order or located with a conservation area.

Contrary to popular belief, there is not a blanket protection of all Oak trees..

What can I do if my neighbor has a dangerous tree?

If there is a dangerous tree it may be wise to take the following precautions: put the request in writing to your neighbour and keep a copy. If the tree does damage your property, you have proof that your neighbour knew about the problem and this will assist in damages claimed for negligence.

What trees can be cut down without permission?

An example of a common regulation that can be found in a Tree Ordinance would be; Any tree with a trunk circumference smaller than 12 inches may be removed without a permit. Anything larger will be considered a significant tree and therefore protected. In this case you will need permission to remove the tree.

Is the city responsible for tree roots?

Who is responsible for the damage? Responsibility depends on why the roots entered the sewer lateral. Generally, the City is responsible for damage only when the City has determined that tree roots from a City tree have misaligned or broken the sewer lateral line. In all other cases, the City is not responsible.

Can I throw my Neighbours leaves back?

Technically, the pruned branches and roots remain the property of the owner of the tree, but there is no obligation to return them and throwing them over the fence would constitute a trespass, suggesting that the person doing the pruning should offer to return them and if unwanted use their green bin to dispose of them …

What can I do if my Neighbours trees are too high?

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.

Who is responsible for neighbor tree roots?

It is well established law that an owner of land can be liable for damage caused by trees located on that owner’s land when the roots of those trees encroach upon the land of neighbouring properties. This is referred to in legal terms as a “nuisance”.

What happens if I cut down a tree without permission?

What happens if I cut down a tree without permission? Local councils and cities take tree protection very seriously and heavy fines apply if you remove a tree without first seeking permission. … They might have had a Development Application knocked back due to the council wanting to retain one or more trees.

Can a neighbor make you cut down a tree?

Yes. By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor’s property or destroy the tree.

Can you sue your neighbor if their tree falls on your house?

If the tree fell on the neighbor’s home when the homeowner was trying to cut down the tree without professional help, the damage would be the homeowner’s responsibility. Also, if the tree was dying, unstable or diseased and the homeowner knew about it, he or she could be liable if it falls over on its own.

How can I kill my neighbors tree?

Use the 4th of July to cover up blowing your neighbor’s tree up with fireworks. Best way to kill a tree. Every night for about a week, pour a quart of Muriatic Acid around the base of the tree. Be cautious that you don’t stand downwind as it will smoke and will burn your eyes or breathing it will harm your lungs.

Who pays when a neighbor tree falls on your property?

When you are the owner of property you are liable as the home owner for any claim of nuisance or negligence made out against you. It is generally advisable to have Home and Contents insurance which will cover you for your “legal liability”.

When should you remove a tree?

Vertical cracks, seams, dead branch stubs and large, older wounds suggest internal decay. Severe damage to the main trunk often warrants removal of the tree. If the damaged area is less than 25 percent of the circumference of the trunk, the wound could gradually heal over and no permanent injury should result.

Can I remove trees in my backyard?

DO I NEED PERMISSION TO CUT DOWN A TREE ON MY PROPERTY? Rules and regulations on tree removal and pruning vary from council to council, so it is always a good idea to give your council a call or visit their website before removing a tree. … In most cases you will probably need a permit to remove a native tree.

How high can a Neighbours tree be?

2.5 metersAccording to legal answers for New South Wales, a neighbour’s trees can grow as high as possible as long as they are maintaining the hedge height guidelines. Hedge laws require trees next to a neighbour to be above 2.5 meters in cases where they are more than two.

How far does a tree have to be from a property line?

And a shrub or hedge not exceeding 2 m (6 ½ feet) in height must be planted at least 50 cm (20 inches) from the property line. I find a distance of only 2 m (6 ½ feet) between a really large tree and the boundary line a bit thin, but at least the law is clear.

What can I do about Neighbours tree roots?

You are allowed to cut any branch or root that crosses over the dividing boundary (or fence). You must place any cut root or branch back onto your neighbour’s property in a neat and considerate manner. Neighbours don’t have to contribute to any cost involved in removing offending branches or roots.