My brother than asked if he wanted the branches back.the neighbour said we could throw them over. I should add there is no supporting trellis above the fence. If it is, you’ll need to seek further clarification. If not, you have no power to stop the landowner from cutting it down. If branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. My garden's just beginning to bloom - and so is my neighbour's tree. When the neighbor did eventually come out, his explanation for having the tree on the property line removed was that he we were overdue for a storm, he was afraid of the tree falling on his propane tank, that he's been wanting it cut down for years, and finally that he was simply tired of cleaning up after it. Can I stop my neighbor from recklessly cutting down trees on his own property? Every summer it blots out light across a large part of our garden. If you believe that a neighbour’s tree may be unsafe you can contact your local authority who will come out and assess the danger. What should I do? Trimming Back Branches. First of all, let me tell you that this, as others have said, is totally unethical and in most cases, unlawful. Imagine having your favourite backyard tree surreptitiously poisoned or cut down by your neighbour. In some cases a neighbor's tree may actually block a view of something unpleasant -- such as a garbage collection site or freeway -- and the cutting down of trees may also cause friction. Overhanging Branches, Underground Roots Overhanging branches, or underground roots, can reach over into a neighbor’s property — or from theirs to yours. As your neighbour could hold you responsible should you cause damage, it is preferable to do this in agreement with the neighbour and in a way which causes the least damage or disfigurement to the plant. If you do intend to remove encroaching tree roots you should bear in mind the following matters: The possibility that you may commit a trespass If you remove tree roots beyond the boundary line without your neighbour’s permission then you will commit a trespass and a claim for trespass could be pursued against you through the Courts. The first tree fell mere feet from our fence, but it looked like they knew what they were doing for the most part. Give them the chance to fix things, and look for a solution everyone will be reasonably happy with. Any plant growth that exceeds 2 meters is 'self-supporting'. Yesterday our neighbors to the left decided to cut down some trees in their yard. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. You may not go onto the neighbor's property or destroy the tree. I also understand that boundary plants should be kept to a reasonable height and am happy to negotiate this. Is there a clear boundary between you and your neighbour (i.e A fence?). If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree. What can happen if you cut down a neighbor tree? Poorly maintained trees can often become unsafe in high winds and cause extensive damage. Not in Massachusetts, National Law Review, February 8, 2019. If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. However my brother was busy with work being it a pandemic and he being a key worker. Walk over, talk to your neighbor and work out a solution. to be fair, i've always thought they must block a certain amount of light from the rear neighbours's houses, but it's bleeping criminal to chop down decades old trees in their early summer pomp. 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. You're legally allowed to trim branches and roots from your neighbour's tree if they have inched over to your property, however it's unlikely that you'll be able to claim back any costs incurred. Can You Legally Cut Branches Hanging Over Your Property Line?. Trees or hedges blocking light. You can tell the age of a tree by taking a boring and counting the growth rings. This would add to any evidence re criminal damage. If you were to talk to her again and she still didn't listen, maybe even getting the other neighbours on board too, you could write to her saying what your concerns are, then if the worst comes to the worst you have a record to show what you have tried to do. 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