Table of Contents
How do I find out who owns a tree?
According to the law, the ownership and location of a tree has to be decided by the position of the trunk or body of the tree standing above the soil and not by the roots or branches. In simple terms, the person on whose property the trunk stands is the owner of the tree.
Who is responsible for trees on a boundary?
Trees close to a boundary In such a case the ownership of the whole of the tree, including those encroaching roots and branches, will remain unchanged, that is, the plant will still be owned by the owner of the land on which it was originally planted.
What is the law on overhanging trees?
You have a common law right to cut back tree branches that overhang onto your property. The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.
Who owns a line tree?
Ownership. A tree near a property line belongs to the neighbor who owns the ground where it’s growing. This is true even if the other neighbor planted the tree, so it’s a good idea to have the property surveyed to determine the exact boundary line before planting border trees.
How do I get rid of my neighbors tree?
If the roots or branches of your neighbour’s tree encroach on your land, you can cut them back to the boundary line. In law, this is called “abatement”. If you don’t want to do this yourself you can ask a district court for an order for the trimming or even removal of the tree.
What defines a boundary tree?
A boundary tree is a tree whose trunk, roots, or branches break through the invisible barrier extending onto the property or air space of an adjoining owner. In most jurisdictions, each landowner has a tenants-in-common ownership interest in the boundary tree.
Who owns the trees next to my house?
The tree belongs to the person upon whose land it has originally grown. Even if its branches or, worse still, its roots have begun to grow over or into a neighbour’s territory, it belongs to the landowner where the tree was originally planted.
Who owns a hedge between two properties?
Provided there are no Boundary Disputes, and if both parties agree to the hedge, you will usually both be responsible for the maintenance of the hedge on your own sides. You can cut the hedge right back to your neighbour’s boundary, although there are some exceptions to this.
Do I need permission to cut down a tree in my garden?
Without permission, it’s an offence to cut down, uproot or wilfully destroy any trees: subject to a Tree Preservation Order (TPO)Mar 24, 2021.
Does my Neighbour have to cut my side of his hedge?
You are allowed, by law, to prune the roots or branches of a hedge if it’s a nuisance and protruding into your garden. And therefore your neighbour can do the same if it’s your hedge. Sometimes hedges are protected by law so it’s best not to touch them until you know your rights.
Can I force a Neighbour to cut down a tree?
Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don’t like the way it looks, it’s up to you whether you do the work.
How long before a boundary becomes legal?
If the land is ‘unregistered’ then usually 12 years possession of the land gives the squatter ownership of the land, under the Limitation Act 1980. However, in some cases it may be necessary to squat on certain types of land for up to 30 years; or even 60 years if it is foreshore land, for example.
How close to my property line can I plant a tree?
Planting Trees Near Your Property Line In general, if any part of the tree’s trunk is on your property, you are the owner. So, if a tree sits on a property line, it’s considered common property and you are both owners. It’s best to plant trees 3 – 4 feet from all property lines to leave room for future growth.
What happens if a Neighbours tree falls on my house?
Having trees checked regularly and dead wood removed is the most responsible – and wisest – thing you can therefore do. Where a tree from a neighbouring property has fallen onto your land, the owner of the tree will be responsible for the cost of clearing it, although it may well fall to you to arrange its clearance.
What rights do I have if my Neighbours trees are too high?
You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property. If you live in a conservation area, or the trees in the hedge are protected by a ‘tree preservation order’, you might need your council’s permission to trim them.
How do you find the boundary of a tree?
A border tree has its entire trunk and visible (above ground) root flare entirely on one side of the boundary line — that is, the entire tree base grows close to but not over the boundary.
Who owns trees on side of road?
Local authorities are responsible for trees along the roadsides, but not if the trees are on private land. Trees can fail and cause injury or even death.
What height can a tree be in a garden?
In general, there is no specific limit to the height that a tree is allowed to grow, but if the trees form a vegetative screen that is limiting a neighbours usage/enjoyment then it could be a High Hedge issue which Planning Enforcement would potentially get involved with.
