Find out what to do about a neighbour's tatty fence. 1. Courts have upheld that a homeowner’s tree rights extend indefinitely upward on his property line, and those rights are protected from invasion by an adjoining landowner. But, take a moment before you rush outside with a step ladder and secateurs to start pruning trees and bushes.eval(ez_write_tag([[468,60],'theukrules_co_uk-medrectangle-3','ezslot_3',105,'0','0'])); A recent news item highlights the somewhat conflicting legal protection around the country. If your property backs onto a road and has a problem with overhanging trees, it’s possible the Highways Agency might ask you to remove them. When a neighbors tree branch is over hanging an adjoining property line, the adjoining property owner has an absolute right to cut the branch up to the property line. The practice of cutting overhanging branches is defined as ‘abating a nuisance’. 4. Being... New research from Checkatrade reveals that almost two-thirds (63%) of Brits are clinging onto damaging misconceptions about the nation’s trades. However, if you have spotted a tree growing near to overhead lines that requires trimming or if a tree is affecting your power supply please read more here. SITEMAPeval(ez_write_tag([[300,250],'theukrules_co_uk-large-leaderboard-2','ezslot_6',107,'0','0'])); Replacing Roof Tiles Building Regulations. In England and Wales the authorities have powers to act against potential damage-causing trees on private property. CONTACT | Damage to property. Some trees are poisonous and may cause a health risk, such as yew trees. Let your tradesperson know how they did. Customers may need this when: Trees are growing close to power lines. Dog Poop Stick and Flick Method: The latest advice is not to bag up dog poo in woodland areas. In fact, you may be breaking the law if you cut your next-door neighbour's overhanging tree. Does that mean I can’t cut them down? Overhanging branches. Whenever possible, we carry out vegetation management while trains continue to run, but where trees are already very close to overhead lines we might need to close the railway line to do this safely. 2. 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. What can I do? How to cut a tree limb over your house. The poor management of greenery can lead to disputes and hostile interactions between neighbours. Regardless if you need permission or not, it’s often best to have a conversation with your neighbour about the removal of overhanging branches to maintain positive relationships. We are not obliged to survey Third Party trees adjacent to our land because we are unable to carry out works to trees that do not belong to us, although we are legally entitled to cut any overhanging branches. ALL RULES | PRIVACY | Tree owners of trees which present a health risk are liable for compensation for any injuries or damage caused by that tree. Even so, the law only grants you permission to remove them back to the dividing line or border. Homeowners can refuse this, but the authorities are within their power to remove the trees without consent. Therefore, if your property is damaged by one of their overgrowing trees or hedges, it’s on them to fix it. Otherwise, we'll assume you're OK to To remove the tree, both property owners must consent. Most citizens expect the law to allow reasonable cutting and trimming of overhanging trees. Overhanging Branches on Your Property Even if the tree trunk is on your neighbor’s property, you have the responsibility for cutting any branches that extend onto your property line. Is it ok to cut off overhanging branches? Wagner, a Pennsylvania Superior Court held that overhanging tree branches constitute a trespass. Overall, 44% confess to believing that ‘cowboys’ are commonplace while more than one in ten (14%) openly admit they’ve stereotyped tradespeople based purely on profession. Check this list of consumer rights and rules on cutting encroaching or overhanging foliage. The same goes for encroaching foliage of on the borders of adjacent residents. You are free to cut back roots or branches that are within your property’s boundaries. Ask your neighbour to cut the parts that overhang your land. Find a recommended, reliable and professional tradespeople in your area now. One wrong cut, and the branches could fall, requiring significant repairs to your roof or home. Edit your profile, view callback requests and ask for feedback from customers. Have you completed a project recently? In this situation, any action on the tree must be jointly agreed on by both parties. Cutting your neighbour's encroaching tree often gets law-abiding consumers in hot water. You should check if the tree or hedge is dangerous before you decide. Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th. The legal reasoning behind this is that the overhanging branches are a ‘nuisance’ and a nuisance is an ‘unlawful interference with the use or enjoyment of your land’. 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. Fences Act 1968 as amended by the Fences Amendment Act 2014, which brought in … Tree surgeons need the power turned off to work safely. Before you prune a tree you should always check the tree is not covered by viewing the Tree Preservation Order. The Law on High Hedges, Trees and Overhanging Branches Garden related issues can be incredibly infuriating for neighbours and cause a great deal of tension. Note that some trees are protected by Tree Preservation Orders (TPO). You also have a legal duty, however, to take ‘reasonable care’ whilst undertaking the works, and you may be liable if you damage your neighbour’s tree, or cause it to become unstable. Is a landowner responsible for trees overhanging a public highway? Articles about Home and Family Life: News stories about rules for homes and lifestyle regulations. This will only be necessary if the trees are blocking the road or causing obstruction. You can cut back any overhanging branch that comes into your property. Consumer Rights for Cutting Branches. that overhang or are a danger to roads or footpaths. The highways authority can ask you to cut back hedges or trees on your property if they’re causing an obstruction in the road. Join us and benefit from the millions of potential customers who use Checkatrade to find reliable tradespeople. You are responsible for the cost of cutting any branches you choose to trim. 3. In this situation, any action on the tree must be jointly agreed on by both parties. Generally, if a tree trunk sits on both you and your neighbor’s property, is owned by both of you, and you are both responsible for the tree. Contact the nearest council. If the owner fails to have the work carried out, … The location of its base defines a tree’s ownership. The owner or occupier of a property has a legal responsibility (Highway Act 1980 s154) to ensure that the 'public highway' adjacent to a property is not obstructed by vegetation from their property. Since the branches are already hanging over your roof, they’re poised to do damage. If a homeowner were to fell a shared tree without permission, it would be considered an act of trespassing. Therefore, if a base sits directly on the boundary line between two properties then it’s mutually owned by both homes. Your neighbour is responsible for the proper maintenance of hedges and trees on their side of the fence. Grow your business! Laws on Overhanging Tree Branches. For many years, homeowners have used trees to create gardens abundant in style. The problem is that the branches are coming over onto my mothers property, blocking light and signal, also allowing rats to climb into the attic. In this article, we aim to provide readers with an understanding of UK law relating to trees. Check out top tips and expert advice for boosting your reputation online. However, landlords only have the right to cut back or prune trees that are on their property. If you are considering cutting back overhanging branches or tree roots on your land we advise you to get the opinion of a qualified tree specialist first, as you may cause the tree to become unstable or die. There are some basic steps to take before you start trimming. As a result, it’s not necessary to receive permission before cutting them from your garden. Branches of a large tree hang in your yard, but the trunk is planted in your neighbor’s yard. If a homeowner were to fell a shared tree without permission, it would be considered an act of trespassing. A Council or Highways Agency may serve notice on the tree owner to require adequate clearance of hedges or trees encroaching onto pavements or roads. Checkatrade has joined forces with award-winning novelist and oral storyteller Sophie Draper to create ‘A Bloody Mess’, an exclusive short story recounting the horrors of DIY gone wrong. Making the most of windfalls. Draper’s retelling is inspired by real... Are people moving house or staying and improving in these coronavirus times? Check this list of consumer rights and rules on cutting encroaching or overhanging foliage. We interview and vet all our tradespeople to ensure they meet our high standards. The tree is on my side of the boundary and the branches extend over the boundary line onto his side. Get Inspired! Branch removal is a significant undertaking and can cause severe damage if not completed correctly. Apparently the leaves have caused him to replace the pool motor on 2 … The top negative misconceptions about trades are that they’re too... We use cookies to help make this website better. continue. We can arrange for overhead power lines to be switched off temporarily whilst tree trimming is being carried out. 1. The person who owns the land (your neighbour) on which the tree grows i.e. There are some basic steps to take before you start trimming. © 2020 | To protect yourself, ensure you choose a trusted tradesperson who is willing to take on the liability for the work before beginning. In fact, you may be breaking the law if you cut your next-door neighbour's overhanging tree. Again, these laws can differ in each state, so be sure to look up the exact law in your area. 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. The work must be done from your own property. The neighbours trees are well over the 2 metre threshold and there are several of them. Check the latest industry expertise and read insider tips from our vetted tradespeople. The complication is that the trees, despite them hitting the line on the poles in our garden, belong to my neighbour. We carry out an extensive tree management programme. How do I report a tree/trees that need cutting near power lines? Overhanging trees affecting telephone wires, this is affecting my self and a number of neighbours Hello Not sure if this is the correct forum to raise this, however there are a number of mature and very tall trees in the garden and area behind my property on Morecambe Street in Morecambe. What about overhanging branches that reach into my land? Please note: you are strongly advised to consult a professional tree surgeon for guidance on how best to cut back overhanging branches, unless you have the … While looking great, large trees can also lead to disputes, especially if they overhang across a boundary. 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. Ongoing vegetation management promotes safety and is more cost-effective than reacting to damage and delays caused by a fallen tree. Can landlords cut a tree without my permission? In this circumstance, you will need to get permission from next door. A landowner has the right to compel his or her neighbor to remove of overhanging branches, or the landowner may use self-help to cut the branches back himself or herself. The short story, downloadable as an eBook, sees Bram Stoker’s iconic ‘Dracula’ get a dramatic makeover just in time for Halloween. However, some overhanging branches can only be removed from the other side of the fence. Removing branches overhanging your property A tree belongs to the person who owns the land on which it grows. But is now the best time to remortgage? If you think a tree is causing damage to your property then you should contact your property insurer or seek legal advice. Replacing Roof Tiles Building Regulations: Rules and approvals for replacing damaged roof tiles. Written notices to remove overhanging branches. Except the trees were the unlucky cabin campers. My neighbour has requested me to cut down overhanging branches from a tree. Here’s who’s really responsible for cutting the hedges: The responsibility for boundary hedge cutting is shared. When it comes to overhanging tree branches in your yard, over your house, or along power lines that effect your home, you may have some say about what happens to that tree and its maintenance. And how do you find the best deal? But, the property owner is liable for the authority's costs for doing so. It’s essential to choose a competent tree surgeon to complete the task. You may prune the branches back to the boundary of your property but no further. The owner of a tree which is likely to cause damage can also request the local authority to make the tree safe. Hi Cathy, Many customers ask this question, don't worry it's relatively straightforward. If they decide the tree is likely to cause damage, they can take several courses of action. They may serve notice on the land owner of that particular tree and recover costs for their services. It is generally best to discuss your concerns with the tree owner beforehand, but under established ‘common law’, you should be able to prune branches and roots that grow over your boundary, with or without the owner’s consent. And if you attempt to DIY it, you need to be up a … If requested to do so, they can act on 'imminently' dangerous trees if the land owner is unknown.eval(ez_write_tag([[300,250],'theukrules_co_uk-box-4','ezslot_5',139,'0','0'])); What if a neighbour refuses to fix a tree that threatens to cause property damage? 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. Again, my own sense of logic says that BT's line is being damaged by my neighbour's trees and BT therefore need to ask my neighbour to trim his trees, or BT needs to trim the trees and bill my neighbour. 154 Cutting or felling etc. Cut trees and bushes near power lines. If that fails you are almost certainly within your rights to clip it or snip it. You are therefore, technically exercising the self-help remedy of ‘abating a nuisance’ by cutting the offending branches off. Some encroaching trees may be dangerous or may cause damage to property. In a timely response to the Ash Dieback advice being provided by Natural England to landowners and farmers with Environmental Stewardship and SSSIs, PLC has published its comments today on landowners’ responsibilities for trees overhanging the public highway (set out below). Note: Another section explains the process for appealing against a high hedges decision, the deadlines, and how long it will take to get a final decision. The council owns a tree that’s overhanging or causing damage to my property. If the branches and or roots of a neighbouring tree spread into another property, they still belong to the tree-owner. If the tree is on private land then the landowner is responsible. 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. Tree Ownership Ownership of the tree must be established to clearly determine who is responsible for the maintenance of branches that overhang an adjoining property. Situation 1. If you’re working on a neighbour’s tree and accidentally cause damage, then you’ll likely you’ll be legally responsible. There’s evidence of both and remortgaging appears a popular way of funding both options. 5. If a landlord decides to cut a tree on their property, whether for aesthetic or functional purposes, then there’s little you can do about it. The practice of cutting overhanging branches is defined as ‘abating a nuisance’. You can change the cookie settings on your browser. In this case you must contact your local authority. The neighbour is refusing to cut the trees, and if my mother is to cut the trees, this will be in excess of £1000. What’s more, if you do refuse and authorities are forced to do the removal themselves, they might charge for the service. We spend over £1 million per year managing our trees. If branches from a council tree are overhanging your property, you can cut them back yourself, unless the tree is protected by a Tree Preservation Order or is in a conservation area. In discussing the appropriateness of self-help, the Wagner Court mused in a note: Both you and your neighbour should be trimming each other’s respective side of the hedge. Yes. In the 2012 case of Rony v Costa, a property owner hired an unlicensed day laborer to trim limbs that crossed his property line from a neighboring tree. You can cut back anything up to your property line. 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Checkatrade to find reliable tradespeople dangerous before you decide is not to bag up dog poo in woodland.! Of adjacent residents a recommended who is responsible for cutting overhanging tree branches uk reliable and professional tradespeople in your neighbor ’ s on them to fix.. Advice website homeowners Alliance what to do damage inspired by real... are people moving house or and! Cut down overhanging branches 's costs for doing so check the latest industry expertise and read tips... Be dangerous or may cause a health risk, such as yew trees their. Adjacent residents to power lines edit your profile, view callback requests ask..., requiring significant repairs to your property but no further or staying and improving in these coronavirus times damage! Property owner is liable for the work before beginning of both and remortgaging appears popular. Overhead power lines do next may need this when: trees are blocking the road or damage!
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