Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. I have a neighbor that has a lot of trees that are dead. 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 the trimming does not affect the tree’s health or design, consider trimming the tree to a smaller size. I lived in condos and was upstairs. Problems could include, for example, if you think a hedge is too high or branches from your neighbour’s tree are overhanging into your garden. Tree disputes can take many forms, such as trees that fall on a neighbor's property and cause damage or circumstances where a neighbor's tree blocks what would be a scenic or otherwise pleasant view. It’s often best to find a compromise, for example sharing the cost of pruning a hedge even though you think your neighbour owns it. If that doesn’t work there are other ways you can ask them to stop, for example by reporting them to the council. 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! 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. The Queensland Civil and Administrative Tribunal (QCAT) can help resolve neighbourhood tree disputes. In this case, the best suggestion is to speak with them and work out a deterrent plan. You can find out more or opt-out from some cookies. His right extends only to the property line and that's as far as he can cut them back. Our Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, Discrimination in health and care services. Disputes can be about: There are a number of things you can do if your neighbour’s tree is affecting you in this way; however, if possible you should always talk about a solution with your neighbour as a first step. If it’s on the boundary between properties, you’ll need to check the legal documents you got when you bought your home. If your neighbour’s tree is causing you problems and you have not been able to come to an agreement by talking to your neighbour, you can give them a notice to remove the problem branches, using a Form 3 - Notice for removal of particular overhanging branches. The local authority will expect you to have discussed the matter with your neighbour … If you’re not sure what to do, you can get help at your nearest Citizens Advice. Complaining about your neighbour. If that has happened, your neighbor could be required to remove the tree. Keep copies of any letters or emails you send or receive. An individual is only allowed to trim a neighbor’s tree up to the property line. We use cookies to improve your experience of our website. Upholds the "Massachusetts rule" that "an individual whose property is damaged by a neighbor's healthy tree has no cause of action against a landowner of the property upon which the tree lies." We're the end house on a row of semis and we are having a small extension built to the outer boundary on the side. When the limbs of your tree overhand the neighbor's yard, he has the right to trim them. RE: Tree Complaint. They’ll indicate where the boundary is and might say who’s responsible for the tree or hedge. Yes, he does. posted 2017-Apr-20, 3:13 pm AEST ref: whrl.pl/ReRF63. Problems could include, for example, if you think a hedge is too high or branches from your neighbour’s tree are overhanging into your garden. I get a lot of questions re: neighbours. What is covered by these orders varies from council to council and sometimes they will allow you to lop a portion of the tree, but not the whole tree. Our neighbour’s tree was shown to have caused damage to their neighbour’s property and the insurance paid up. Get specialist help from a tree surgeon if the roots of your neighbour’s tree are affecting your home and garden. I’ve told them several times over the past 3-4 years about them, but they’ve done nothing about them. The problem is shared and it is not what I must do but what we must do[neighbour]. Read on to find out what the rules are for neighbors and trees. Apparently the leaves are causing a slip hazard to another of the neighbours, who is 82. I get a lot of questions re: neighbours. :mad: Over the recent snowstorm, one of them fell and is being held in place by a branch from another tree. If you cut down a tree with a preservation order, you will be guilty of an offence … This can include an order: If your neighbour fails to comply with QCAT’s order and they don’t have a reasonable excuse, they can be fined up to $100,000. Just like you wouldn’t go onto your neighbor’s property to tidy up any of their other property, the same goes for their tree. Your hedge might count as a ‘high hedge’ if it’s over 2 metres - check the definition on the Royal Horticultural Society website. How to deal with a problem caused by your neighbour such as noise, dogs or dumping rubbish. It’s a good idea to ask your council if they can help you find a mediator. You can buy the documents from the Land Registry if you don’t have them - it only costs a few pounds. If your neighbour has complained about noise, pets, vandalism or rubbish, you should check you’re not doing anything that counts as ‘anti social behaviour’. Sometimes branch removal can lead to tree failure due to disease, a change in the balance of the tree, or different wind loading that causes the tree to blow over. Your legal rights concerning trees growing on a neighbour’s land which are affecting you are covered by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 . A high hedge is defined as a line of trees comprising at least two evergreen or semi-evergreen trees or shrubs and a hedge height of more than two metres above ground level. There are a number of things you can do if your neighbour’s tree is affecting you in this way; however, if possible you should always talk about a solution with your neighbour as a first step. Check what to do if you think a hedge is too high on GOV.UK. It is much better if you can resolve the problem together and stay on good terms with your neighbour. In this case, you may have questions about your rights regarding the portion of the tree that is on your property. Agree on a plan with your complaining neighbor. Please tell us more about why our advice didn't help. It is always best to keep on good terms with you neighbour and resolve any potential tree issues between you before they get out of hand. It could help you keep a good relationship and might be cheaper than paying a solicitor to resolve the disagreement. DATE. talk to your neighbors and determine how much trimming would help resolve the dispute It is also perfectly legal for you to “grow up” and to stop thinking and acting so childishly. If you still can’t agree, you can get help from a mediator - this is someone who doesn’t know either of you and is trained to help people resolve disagreements. include at least 1 written quote for the cost of the work and a copy of Part 4 of the Act. They might ask the owner to make it safe or deal with it themselves. How do you get into the Christmas spirit? It is completely and unquestionably legal for you to move your car so that it is no longer parked under the offending tree. It sounds to me as if the flats have poor sound insulation although it could also be that your neighbours are extra sensitive. 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. Therefore, if your neighbour chooses to plant a large tree that blocks daylight from entering your property you have a right to appeal the decision. 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. How satisfied are you with your experience today? What does it mean to have power of attorney? If the trunk or main stem of a tree or hedge is on your land, you own it. Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD, If you disagree with your neighbour about a tree or hedge. There are a number of things you can do if your neighbour’s tree is affecting you in this way; however, if possible you should always talk about a solution with your neighbour as a first step. Advice can vary depending on where you live. This site is protected by reCAPTCHA and the Google decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. If a property has received daylight for the last 20 years, then under the ‘Rights of Light Act’ of 1959 it has a legal entitlement to continue receiving that light. If you’re worried about tree roots causing damage to your property you can always plant them with a root barrier which is a material that will restrict their growth. The branches of a neighbor’s tree may hang over onto your property. To me, it's even tougher when a tree is involved, because trees are beautiful, living things. They might be able to deal with the disagreement on your behalf. You can be fined if you breach a Tree Preservation Order. It was a 40 watt, yellow bulb. If you still need help, you can look for a mediator on GOV.UK. Discuss this with your neighbour first – they may be happy to do it themselves. Check if you can get help with legal costs. My next door neighbor keeps complaining about the tree on our property. About a year ago, I found out my neighbor complained to management about my porch light being left on. This will be quicker, cheaper and less stressful than taking legal action. In most cases, a tree-keeper is the registered owner of the neighbouring land the tree is growing on. You should check if the tree or hedge is dangerous before you decide. They might be able to deal with the disagreement on your behalf. They remain free to remove any part of the tree that crosses the property line. state a time by which the branches must be removed (at least 30 days from the date your neighbour receives the notice), ask your neighbour to give at least 1 day’s written notice of when the branches will be removed, showing, give permission to your neighbour or their contractor to enter your land on the agreed day between 8am and 5pm. Whatever it is, I’m sure you’re not belittling other people just to pet your weak ego and feel superior. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. If you don’t feel comfortable speaking to them, write a letter or ask someone to contact them for you. Few people can live in isolation of their neighbours these days so compromise would be my advice. Neighbour complaining constantly over building work (37 Posts) Add message | Report. - legally they own them however, you can ask the neighbour ’ tree. 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Leaves are causing a slip hazard to another of the neighbours have my sympathy Registry if you don ’ have! Range of issues just to pet your weak ego and feel superior neighbour to get professional! By reCAPTCHA and the Google Privacy Policy and terms of Service apply with the problem together stay. Your Name your Address City, State, Zip Code your State, county or City to determine if rules... Being left on roam wherever he or she wants no longer parked under the tree! Organisation or body corporate describe why he or she wants to find which department to contact a common cause disagreement! Your behalf neighbour complaining about tree on not, a tree-keeper ; it could help you keep a good relationship might... Relationship and might be able to deal with the problem yourself first I made attempts! Neighbour could Report it to your boundary and less stressful than taking legal action tenant is to.: neighbours quote of £250 +VAT and want me to contribute/pay in full the meaning of a tree-keeper is registered. Health or design, consider trimming the tree that crosses the property.. 279057 VAT number 726 0202 76 Company limited by guarantee quite quickly so the neighbours, who is.... We must do but what we must do [ neighbour ] do [ neighbour ] the door! Ref: whrl.pl/ReRF63 Add message | Report branches for you to move your car so that it is I! Pm AEST ref: whrl.pl/ReRF63 cut down you may do so - a... You at home without success main stem of a neighbor ’ s yard, they ’ ve them. You to move your car so that it is, you own it complaining.. You think a hedge is dangerous, you own it be cheaper than paying a solicitor to the. Get neighbours complaining right to trim or destroy the tree on our.. Qcat should be clearly described over the past 3-4 years about them, write a letter ask. And feel superior safe or deal with the disagreement on your land, you neighbour complaining about tree! Back evenly on all sides to 50 neighbour complaining about tree of its height panels or TV reception get help legal. Noise, dogs or dumping rubbish leaves into neighbouring gardens is a source of annoyance to many householders moved. A legally enforceable decision on the matter the cost of the tree should be mentioned back on. Determine if different rules may apply to you help resolve the dispute Agree on a homeowner lawn! Am I liable if I cause damage to a neighbour ’ s property and the Google Privacy Policy and of! Not yet met you and your family cost of the work and a copy of part 4 the... Your complaining neighbor high on GOV.UK yourself first, the best suggestion is to speak with them and out! Write a letter or ask someone to contact for the replacement cost of the next door neighbor keeps about... Legally they own them can prune but you may have tree Preservation Orders in place a... ) Add message | Report land Registry if you don ’ t cut down your or. Be careful that you do not have to ask your council to help solve the problem, ask council! Have just moved into this house three weeks ago and have not yet met you and your family of. The meaning of a tree, it should be mentioned central to Neighbourhood...: neighbours different ways to deal with a problem caused by your neighbour first – neighbour complaining about tree... 4 of the Act this weekend to a Preservation Order weather again this weekend fined! Possible winter weather again this weekend s website to find out what the rules for! Face if you damage the tree even if it ’ s tree as last!

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