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A landowner has a right to trim branches that overhang the landowner’s property even though the trunk of the tree is on a neighbor’s land. The landowner may not, however, go on the neighbor’s land and remove the tree or any part thereof absent the neighbor’s permission.
What are my rights if a Neighbours tree overhangs my garden?
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.
Whose responsibility is it to cut overhanging tree branches?
The person who owns the land (your neighbour) on which the tree grows i.e. where the base of the tree is, owns the tree and is responsible for it, but is not necessarily responsible for felling the tree or pruning branches that overhang their neighbours’ (your) property, even if these are seen to be causing a problem.
Can you cut Neighbours overhanging tree?
If a tree’s branches overhang into your property from a neighbour’s, you can trim them, but only up to the property line. You can’t lean into the neighbour’s garden to do this, though, as it constitutes trespass. If a tree is covered by a Tree Preservation Order, you can’t cut the branches.
Who is liable for overhanging trees?
Your neighbour is responsible for the proper maintenance of hedges and trees on their side of the fence. Therefore, if your property is damaged by one of their overgrowing trees or hedges, it’s on them to fix it.
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.
Who is responsible for overhanging tree branches UK?
Removing branches overhanging your property. A tree belongs to the person who owns the land on which it grows. However, if you’re the owner/occupier of land over which the branches of a tree overhang, you are generally entitled to chop back the branches to the boundary line.
Is there a legal height for Neighbours trees?
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. I want to cut down/prune a tree in my garden.
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.
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.
What is the law on cutting overhanging branches?
Can I cut off overhanging branches? Yes, provided it is done without trespassing onto the other person’s property. It is also permissible to climb into the tree to undertake the work, again so long as it does not require going into the neighbour’s garden/land.
Can I prune trees overhanging my property?
If you are the property owner, you are legally entitled to prune any branches that overhang your property, including council maintained trees, and cut them back to the boundary line. You may need to contact us before carrying out the work.
Who is liable for damage caused by trees?
A A tree is the responsibility of the owner of the land they grow on, regardless of who planted them. If a tree causes damage, the owner may be liable.
Can I ask my Neighbour to cut his trees UK?
When you can trim hedges or trees You can trim branches or roots that cross into your property from a neighbour’s property or a public road. 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.
Can I throw my Neighbours branches back UK?
Under common law, a person may cut back any branch (or root) from a neighbour’s tree that overhangs or encroaches onto their property. In cutting back any overhanging branches (or encroaching roots) the following must be observed: you must not trespass onto the land on which the trees are growing.
Can you throw branches back over the fence?
Can I throw branches back over the fence? Yes, you can return the waste from the tree to the owner since they are their property. However, before doing so, you have to ask for permission to avoid trespassing.
Can I complain about the height of my Neighbours trees?
You can also complain to your local authority under the Anti-Social Behaviour Act 2003 if the height of a high hedge affects your enjoyment of your property.
