Question: What Can I Do About My Neighbors Tree?

Can I ask my Neighbour to cut his trees?

You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it..

Can I throw my Neighbours leaves back?

Technically, the pruned branches and roots remain the property of the owner of the tree, but there is no obligation to return them and throwing them over the fence would constitute a trespass, suggesting that the person doing the pruning should offer to return them and if unwanted use their green bin to dispose of them …

Can u cut tree branches overhanging my property?

This is a common problem, so there are rules in place for cutting neighbour’s trees overhanging your property. The simple answer is yes! You are within your rights to trim any branches overhanging your property.

When a neighbor’s tree falls in my yard?

Trees can be tricky, but for the most part homeowners are responsible for what falls into their own yard. So if a storm causes your neighbor’s tree to fall in your yard, your homeowners insurance could help cover the cost of removing the tree and remedying the damage it caused on your property, after your deductible.

Can I force my neighbor to trim his tree?

Yes. By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor’s property or destroy the tree.

Who is responsible for pruning 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. You are responsible for the cost of cutting any branches you choose to trim.

Who pays when a neighbor tree falls on your property?

When you are the owner of property you are liable as the home owner for any claim of nuisance or negligence made out against you. It is generally advisable to have Home and Contents insurance which will cover you for your “legal liability”.

How do I get a neighbor to remove a dangerous tree?

Before applying you must give at least 21 days notice of your intention to lodge the application to your neighbour. The Local Court has to be satisfied that there is substantial difficulty or unreasonable hardship. The court, if satisfied, can grant an order allowing you to cut back any tree or shrub.

Am I responsible for leaves that fall into my neighbors?

Under the law, falling leaves are considered a natural product of trees and not something for which the owner of the tree can be held liable. Homeowners, whether they own the tree or simply live next to it, are responsible for the cleanup of natural debris that enters their yard, no matter the source.

Who is liable for tree root damage?

If you are certain that that lot owner’s roots have caused damage to the neighbour, then the root lot owner is responsible. In other words, the root lot owner should pay for the remedial works and all other damage caused by his tree.

What can I do about my Neighbours overhanging trees?

When there is no tree preservation order You are entitled to take action to stop that nuisance. You are allowed to cut any branch or root that crosses over the dividing boundary (or fence). You must place any cut root or branch back onto your neighbour’s property in a neat and considerate manner.