cut neighbors trees
Wed, 10/28/2009 - 18:01
by veggarden1980I rent my home but the neighbor owns his. He has some very large trees really over hanging in to my drive. He wont cut them back and says I can not touch them. What is stopping me from making them tidy. Is my neighbor just being a complete idiot. Do I have to go to the local council or just do a tidy job myself.
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our neighbors cut down 21 of our trees that were on our property to put up a fence, is this illegal?
they had made a rope line that divided our acreage, by using the survey that got in closing. when they got it done they had cut down 21 of our trees. we are not wanting a fence put up. How much would each tree go for?
If the trees are on your side of the property line, the most that they could do would be to prune back the portions that overhang their property to the property line. Cutting down the trees without your express written consent caused a criminal trespass. They can be held both criminally liable for destruction of private property and civilly liable for the damages caused.
Depending upon the type of trees and their ages, the cost of trees can run from a few hundred to thousands per. I lost an old oak that was close to 100 years old in the Joplin tornado and just received a check for $9,000 for the loss of the tree from my homeowners insurance policy. They gave me $550 for a 5 year old evergreen.I have asked my neighbours to cut their trees back but so far they have refused what can i do?
the trees are about 15-20feet high and stand on the boundary of their garden and ours
Check this out with your local authorities, they may be able to fight the case for you if the neighbours are refusing to do anything about it. You can cut down any branches that actually overhang into your garden, but the law says that thechnically, these cuttings belong to your neighbour, so whatever you cut down, you have to give back to them! Crazy...but true! ( My son's a barrister!)Can I cut my neighbours trees back?
My neighbours have leylandii trees which run the width of my back garden. The problem is they have cut them back their side and not my side. They are approx 20 ft high and overhang my fence by about 4ft and growing. They have completely killed the end of my garden as it shaded and dry. I would like them cut back but at no time have they asked or offered to trim them my side. They look like they are going brown from the inside out and are very ugly. I just feel they are going to continue growing and my neighbours dont seem the slightest bit interested in keeping them in trim other than their own side. Would I be within my right to get a professional person in to trim them all back to the fence line or do I have to consult with the neighbour? Also should I have to pay all of the expense?
You can cut back ANY part of the tree that overhangs on your property and the law states you can put the cuttings over the fence back onto their property. BUT it may cause friction cutting the trees so dumping them over the fence may fuel the fire.....Can your neighbor sue you to cut down your trees?
I live in Pa and my next door neighbor asked us to cut down our trees. The trees are thin and tall and they almost are like a borderline between our properties. They are in a row of about 10. The neigbors said they are afraid that they will fall on their cars and they will be mad because thier cars are their babies! We were here first and the trees were here before us. do they have a case? Also, some of the trees are dying and small branches do sometimes fall in their yard.
I live in FL and a few years ago after a hurricane, I think Floyd, A huge oak tree in our back yard fell and landed along the property line of me and my neighbor behind me. They wanted to prove that the tree was sick and even claimed they had a tree doctor come look at it and diagnose that it was sickly, to have a civil case drawn up for us to replace their fence. (a picket fence behind our chain link) The tree obviously still produced large green branches before it fell so it wasn't just a dead tree. In this case they had no case against us.
For your situation, you are not liable for a tree falling and destroying their vehicle. Thats why auto insurance companies offer coverage against these accidents. Them suing you because a tree limb fell would be like me suing the state of PA for a downed tree on the highway that flat my tire. Now if there is proof that the tree limbs were dead or liable to break away from the tree then it will be seen as negligence and they would have a case.
I hope that HelpsMy neighbors want to cut my tree down?
we have had problems with our neighbours for over ten years now they are well known to police and are rude, aggressive and can be very violent. I live at home with my disabled mother and my neighbours keep saying that our tree is blocking their sky signal, we have had this problem with them before but they keep changing their minds as to what tree the problem is with and have severely cut down other trees in our garden before with and without permission, the tree they now have the problem with has been there since they moved in. they have pushed the fence down between our two properties and have damaged my car on several occasions we want to keep the trees as protection from them and to hold the remaining part of the fence up, do i have to allow them to cut it down? What should I say? We also live in a heavily wooded area with a high bank to the side and a railway line.
Take pictures and look for others that show the history of the property. 2 years is the statute of limitations so if you do nothing they will eventualy turn your land into a desert.
Install hiden cams and tell no one about them.
Now the neighbor has no right to touch your property or any thing growing on it. Any thing they do can be evaluated in monetary replacement value and required compensation and harassment can be extracted in that form.
Case after case I have witnessed the destruction of plant matter being awarded cash value. Even when a home owner deliberately cut down his own plants to devalue a neighboring property he was fined and ordered to replace them with near exact copies.
As far as your fence goes, is it on your property or the neighbors property?
If it is on yours the neighbor will have to restore it. If it is on theirs then you might have a stronger battle. Photograph it and if it is intruding on your land and trashing up your yard you will have a good possibility of at least making them clean it up.
Get neighbors who will verify and stand with you against such harassment as it is almost certain you are not the only one that is getting railroad over in the neighborhood.
You are probably going to need a lawyer to really get what you want but I have seen it done without one.can my neighbour cut down my trees?
apparently they are hanging over his air space
What he can do and what he may do are probably different things.
Given no specific physical impairments or impediments and the proper tools, my guess is that he can cut down your trees. Excepting special circumstances, however, he may not.
He may cut any part of your tree that impinges on his property. He may request that you remediate any tree that is a direct threat to his property even if it does not impinge at this moment - such as a dead branch that is leaning his way. And you remain 100% responsible for any damage any tree rooted on your property might cause.What is the law about growing trees in your back garden?
How high trees are allowed to grow in the back gardens in the UK. My neighbour asked me to cut my trees short. I planted these trees 6 years ago and I was waiting for the moment they grow high enough to give me some privacy when I sit in my garden. I'm not the type who have garden parties unlike most of my neighbours. The neighbour asked to cut the trees as they block the light into his garden, which is not completely true. Does anyone know anything about the law in the UK regarding that? Thanks!
If additional light is desired, cutting the top off the tree will not help. Selective removal of branches within the crown of the tree can provide additional light penetration, but the best thing to do is simply to raise some of the lower branches.
For additional information, contact a Certified Arborist. Go to www.isa-arbor.com, enter the site, and click on "find a certified arborist". There are many certified arborists listed in the UK.Neighbours are threatening legal action if I don't cut my trees down, what options do I have?
Ever since our neighbours moved in next door they have complained about our 25ft tall connifer trees in the garden, which block the sunlight from their garden in the afternoon. At their request we had them cut down by about 10 feet 5 years ago, which cost about £800. They have since grown back and the neighbours have sent us a letter saying we have until the 1st of May to cut the trees down or they are going to take legal action. I cannot afford to keep paying to have the trees trimmed and I have been told it will cost at least £4000 to have the trees all cut down completely and taken away. I am on income support as I am a full time carer for my disabled son, and my my income is very low. What options do I have? Advice very much appreciated! Thanks
Your neighbour is talking nonsense. Technically, your neighbour can only ensure that the trees are in a safe condition unless they overhang his property (under Common Law you are allowed to prune branches that overhang your property back to the boundary line only, providing you do not enter the neighbouring property without permission).
It should be remembered that only a building has a right to light (not a person) - and only then if he has "enjoyed" that light uninterrupted for at least 25 years. There is no right to light in a garden. The light to which your neighbour is entitled is only a basic minimum. A good guide is that if he can sit near a window and read a newspaper on a cloudy day, then he has the light to which he is entitled. There is no right to have the sunshine through a window - the right is to light, not sunshine.
The law is not clear on how trees affect a right to light because they grow over a period of time, they are not completely solid and, most trees drop their leaves in winter. There is currently no height restriction on trees and hedges.
If your neighbour is making spurious noises about court action you should be equally insistent about costs, possibly wasted costs, in seeking to defend a case that has absolutely no merit.How tall can Leylandii trees be in a neighbours garden before you can ask them to cut them down?
Assuming you live in the UK then your problem is likely to be covered by High Hedges legislation. The High Hedges Regulations were introduced as part of the Anti Social Behaviour Act 2003 but only enacted in June 2005. An application for judgement can be made where there are at least two evergreen or semi evergree trees or bushes over 2 metres high which, in the opinion of the complainant, are adversely affecting that persons enjoyment of their home and/or garden. The Act is only concerned witht the height of a hedge and cannot help in cases of tree roots causing damage to property (subsidence etc). An application requires the completion of a form together with a plan or drawing showing the properties and hedge, a fee and proof that the applicant has made reasonable efforts to resolve the issue amicably. The latter will normally take the form of an account of any verbal approaches and, essentially, copies of correspondence sent to the neighbour. This only needs to be recent contact and not over a protracted period. The Council will then give a decision which can be contested by either party by way of an appeal to the Planning Inspectorate. Begin with a polite approach to the neighbour and try to resolve the issue amicably but if not you can use the above to deal with it on a more formal basis. Hope that helps.Can we cut our neightbour's tree if it is in our view at the back of our fence on the council area?
We cut our neighbour's tree with permission a couple of month's ago as it was hanging over into our garden. There is another part of the tree growing into our view at the back which has grown effectively over onto Council land. Can we cut this because it is in our view looking out on to the back as long as don't go on to their side of their view?
This is from a web site. answers regarding overhanging trees are on this page www.gardenlaw.co.uk/trees.html
A tree or shrub belongs to the owner of the land on which it grows even if its branches or roots go over or under adjoining land. This includes the branches and the fruit of any tree or shrub. This even applies to windfall apples etc. The Theft Act 1968 makes it a criminal offence to take wild flowers, fruit and foliage from any plant if it is sold for commercial gain. However, falling leaves and fruit still belong to the owner of the tree or shrub, the law does not require the owner to come and sweep up the leaves or pick up the fruit. Having said that if falling leaves block a gutter, which results in water damage, the owner of the tree could be sued for damage.
You are not allowed to go onto your neighbours land or to lean over it to cut your hedge. You need the permission of your neighbour. The same is true about going onto your neighbours land to pick up windfalls or trim back branches.
Over Hanging Branches
Branches that grow so as to overhang your neighbours' land are trespassing on his air space. The neighbour can chop the branches back to the boundary but he has to return the lopped branches to the owner of the tree together with any fruit that might have been on them. If he lops beyond his boundary then it is a trespass. It is always best to ask your neighbour first although you do not need his permission to lop overhanging branches so long as they are returned.
You could sue the owner of the tree or shrubs for trespass; nuisance and/or negligence (in this case if they become dangerous).
Oh you have one of those neighbors hey who thinks they know it all.
Well from what I understand you can cut them back ( tidy ) if they are in your drive / garden area. They are on your property and you need access to your drive.
It would not do any harm if you telephoned your local council office up and just said you was Mr Smith and did not want to get in to a battle but how do you stand cutting some branches back to make it safe etc.
I mean to say its not like your going to chop a whole tree down and besides if they are hanging over that badly it will put all the weight on to one side and in time if that tree was to go over then it would most likely go to your side so yeah I would certainly speak to the council first as you have tried the nice approach and if they say do it so it is tidy and safe then well there you go.
Marcus
It sounds like you have a prat of a neighbor who wants everything to there selfs.
If I was you I would prune back what is hanging on to your side as because as far as I understand it you can do that if it is really haging over on to your grounds and more so if it is causing a hazzard.
You could do like the other person said and go in to the council but you could go in and just say you are asking for a friend or say you are Mr Smith or something without giving your exact address if you do not want the council to get directly envolved in the cutting of trees.
I would wait until the old git was out and cut the damn things back. They are on your side. They dont own your property. So there you have it that is my view on on the subject.
Happy Christmas to all.
Being a creative student I personally would cut the trees down that are causing the problem ( within reason of course ) and use the damn things for fire wood.
Got to keep warm you know these student loans are not that big.
Mouse4u1
Good luck
Mouse
Ha, ha, ha. Who ever said that students were not creative.
I have to admit I would do the samething to. Cut them down and burn them.
That did make me laugh. Some neighbors can be complete borring gits who think they own everything.
Well I say go for it. Once they are cut down you can not stick them back up. So Mr Grumpy next door can lump it.
Fred
Fred
Well I studdied the boundary line and looked where the trees were and said to myself right. They are in the way there and need pruning back to make them tidy and besides it will be better for the trees in the long term.
So when he went out I pruned them back. I made them all nice and tidy and now it looks really great. The neighbor did not speak for three weeks but what the hell you have to keep your place tidy otherwise it is going to look like a jungle.
I will say depending on the situation if you can not sort it out you can always try the council to see if they could give you any advice which is free.
Alexender
They are on your side and you have a right to keep your side tidy but dont kill the things.
Marcus
You have the right to cut those trees! By law if a neighbors tree is encroaching on your property you are allowed to cut it back. I would suggest that you just do it and if he asks you about it then tell him that he should look up exactly what the law states about over- hanging trees!!
Yes that is quite true about the trees.
As the above poster has said and according to the law that if those trees are hanging in to your side you can legally cut them back.
They may be causing damage to your car as you try and get in the drive or restrict access to a building. So go ahead and cut the things back with in reason. All you have to do is a tidy job and they can't say a thing and of course you can tell them to look it up on the internet if they have it.
You could always have a bonfire with the bits you have cut down when they are doing some gardening and rub it in as you are in the right.
Jamie