Quick Answer: What Can You Do If Your Neighbours Tree Is Damaging Your Property?

Can you force a Neighbour to cut down a tree?

You cannot force your neighbour to remove overhanging branches or fallen leaves on your property.

However if these cause excessive damage, you can sue them for the cost of repair..

Can I throw my Neighbours leaves back?

State in any even that you decline responsibility for the leaves, whether they came from your tree or not, and she is free to dispose of them in any way except by fly-tipping them on your property.

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.

What can I do about my Neighbours overhanging trees?

You can cut back any overhanging branch that comes into your property. 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. If the tree has a Preservation Order on it then you cannot cut/pare any branches.

Can you complain about a Neighbours tree?

If your neighbour owns the tree or hedge Check if your neighbour will let you throw away the branches – legally they own them. If you think your neighbour’s tree is dangerous, you can report it to the council – for example if you think it might fall over.

Who is liable for tree root damage?

If you are certain that that lot owner’s roots have caused damage to the neighbour, then the root lot owner is responsible. In other words, the root lot owner should pay for the remedial works and all other damage caused by his tree.

Can I sue my neighbor for tree damage?

Regardless of if there is property damage, a landowner may sue her neighbor to make that neighbor trim the branches that encroach the landowner’s property. Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. … A neighbor may only sue if the tree is noxious.

Can my Neighbour attach things to my fence?

Attaching plant pots, lights or anything else to your neighbour’s wall or fence will require permission! If the wall is on the right, then you must ask your neighbour. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic.

How close to boundary can you build?

If you are planning on building an extension of more than one story you cannot go beyond the boundary at the rear by more than 3 meters. This only applies when there is no other property on the land to the rear of your your home. The side boundaries can be built up to but you may need to factor in other considerations.

Who is responsible for pruning overhanging trees?

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.

Who is responsible for trees overhanging the highway?

occupierHowever for trees overhanging the highway the general rule is that responsibility to deal with overhanging growth stays with the occupier of the land. In fact, under Section 154 of the Highway Act a highways authority has the power to give notice to an occupier requiring that obstructions are cut back.

What happens if neighbors tree roots cause damage?

Specifically, the law in California states that if roots encroach under or onto adjacent property, there is a trespass and the affected neighbor can the cut roots if they cause damage. … Branches that encroach on another’s land and cause or threaten damage may constitute a nuisance under California law.

Can you force a neighbor to 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!

What happens if I cut down a tree without permission?

Getting compensation for tree damage, and other remedies for tree owners. 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. If necessary, you can sue to enforce your rights.

Do copper nails kill trees?

Near the base of the target tree, hammer in a copper nail at a slight angle pointing downward. … The idea that one copper nail will kill a tree is only true for very small trees, such as saplings. Larger trees can tolerate a single nail without issue and will simply grow over the nail in time with no ill effects.

Can neighbor block my view?

Unless the tree is violating view ordinances, zoning laws, subdivision rules, or existing easements, homeowners have no zoning rights to light, air, or view. The one exception is that the neighbor cannot deliberately block your view with a structure that has no use to your neighbor.