A: Are the trees fruit-producing trees and part of a crop of your neighbors? The branches of the tree have grown against the back of the fence and I can’t have the fence repaired without the neighbor removing or trimming the tree first. Please advise.--Jasmine, Bear, DE. Re: Neighbor's Tree Trunk is Breaking My Fence Apart Read this article and if you still have questions, come back and ask. If no agreement can be reached your best action will be through your local government office. You can only trim up to the property boundary. If your fence requires replacement you need to send a letter to your neighbor notifying them of your intentions, their responsibilities in regards to access and payment of their share. In the event your property is shared with an owners corporation, managing agents, apartments, villas, townhouses or commercial structures, it is best to advise the registered owners in writing, of the works or rectification work required and any costs involved. For instance, if a neighbor trims the part of your tree that hangs over the property line, making that part of the tree look terrible but not harming it in any way, you have no right to recovery. By continuing to use this site you consent to the use of cookies as described in … Answer: I built my own fold away attic ladder, Easy! A few branches overhanging onto your side of the fence isn’t necessarily a big deal, depending on their size and location. Enter your email address to subscribe to this blog and receive notifications of new posts by email. The fence was there before the tree was planted. I also do not want any future problems with tree's damaging my fence. Hi My neighbour has a yellow laburnum the whole tree is poisonous. authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Find the answer to this and other Property Law questions on JustAnswer. 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. Please wait a few minutes and refresh this page. Print the letters you require for notification, costs and works completed to avoid expensive and stressful neighbor disputes. Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. There are some things to consider if you have a problem with a tree on a shared property line: If your neighbors tree branches overhang your yard you have the rights to trim the branches (at the boundary fence line). And if the branch is on his side of the fence, you cannot cut it yourself.If you fence is damaged, he will liable for the repairs if he is on notice of the condition, since it is his property causing the damage. heres the plans.. How to build a simple pergola for your home, DIY plans. Change ), You are commenting using your Google account. Below you will find everything you need to know so you can keep a cool head when your neighbor’s tree falls on your fence or in your yard. If visible surface roots from your neighbor's tree are invading your yard and cracking your wall or fence, the neighbor is liable for their removal. Laws may vary from state to state, and sometimes change. Place the branches in the owners yard for them to dispose of. Failing this you can send them a well drafted letter stating your intentions and their responsibilities. The tree has a single branch that pushes up against my tree. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. For instance, large trees that hang over a neighbor's fence may pose a risk of injury or property damage, while trees that aren't trimmed properly can block a neighbor… As mentioned above, most tree law cases are based on civil torts.This is a broad term for any type of harm that’s settled through personal injury law.While a tort sometimes involves a criminal offense (such as criminal trespassing), the civil and criminal cases are always handled in separate courts.Often, the decision in one court will be used as evidence for the case in the other court.When it comes to Virginia tree law, there are two important types of torts: 1. Before removing any trees always check with your local government for approval prior to any work. All legal content, insurance rates, products, and services are presented without warranty and guarantee. My Neighbor Cut Down My Tree - Damages. Copyright © 1995-2020 | FreeAdvice.com | 15310 Amberly Dr, Suite 250, Tampa, FL 33647 | Privacy Policy | Terms & Conditions | CCPA. Maybe the tree is large and old, which would make cutting some of its branches a shame — especially if those branches aren’t seriously impeding the function of your yard. Problems such as overshadowing, privacy, damage from roots or falling branches can cause issues between neighbors. information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you. You should have a conversation with him in which you ask him to cut the branch and also make it clear to him that the branch is damaging your fence, to lay the groundwork for a later lawsuit, if necessary, to recover the cost of repairs. My neighbors tree is damaging my fence! Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome Hi there, My mothers back garden has a broken fence caused by a large tree in the neighbours garden. The branches of the tree have grown against the back of the fence and I can’t have the fence repaired without the neighbor removing or trimming the tree first. Exceptions {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"If my neighbor’s tree is damaging my fence, what should I do? The branches belong to the owner of the tree. “If the neighbor’s tree falls on your house, it’s your problem,” says Gary Blackwell, an independent insurance agent based in Corinth, Maine. info... My neighbors fence is on my property, what can I do? Does my fence have to be exactly on the boundary? To repair or replace the fence the tree would need to be removed or the fence would have to be built off to one side or the other of the property line. We use cookies to improve your experience. Disclaimer: If the tree is causing actual damage such as roots uplifting a deck or branches pushing down a fence, the owner can be … ( Log Out / IMPORTANT NOTICE: The Answer(s) provided above are for general information only. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. or an attorney's conclusion. I am not on speaking terms with my neighbor but I do not want to cause a problem.”. Most cities make it clear if trees are public or private, based on the location of the trunk. If you fence is damaged, he will liable for the repairs if he is on notice of the condition, since it is his property causing the damage. And if the branch is on his side of the fence, you cannot cut it yourself. ( Log Out / Print the letters you require for notification, costs and works completed and claim your share of the cost from your neighbor. Trees that may have started out small and manageable have a natural tendency to grow and mature so that, in time, branches overhang a property line. Change ). The plant would then be trimmed and maintained to this height by the owners of the trees. To help with your negotiations we have drafted a collection of ‘Letters To Serve Your Neighbors RE: TREES’. Can I force its removal? Can I legally tell him to cut the branch that is damaging the fence? “My neighbors tree is damaging my fence. Trees and their location can often cause much disagreement between neighbors. You can trim the part of the tree on your side at any time. What can I do? Depending on the size and type of the tree, the typical replacement cost can be anywhere from $500 to $3000. Chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages. To remove the tree, both property owners must consent. The tree is very close to the fence. Responsibility for an Overhanging Tree. ","acceptedAnswer":{"@type":"Answer","text":"You cannot legally force him to cut the branch except by going to court and seeking a court order (injunction) requiring him to do this. If you have suffered property or fence damage caused from a tree, or a falling tree, a property insurance claim should be lodged by the owner of the tree. ‘Letters To Serve Your Neighbors RE: FENCING’. Step One: Making An Insurance Claim If your neighbor’s tree has fallen on your property, it is you who is responsible for the damage incurred. Error: Twitter did not respond. To help with your negotiations we have drafted a collection of ‘Letters To Serve Your Neighbors RE: FENCING’. ( Log Out / If you are not on speaking terms with your neighbor, or the home is tenanted, a well drafted letter informing them of your intentions should be sent to the owners registered address prior to any works. It is advisable to speak to your neighbor first stating your intentions. He refuses to cooperate in any way. The basic law is that if a boundary tree (the trunk of the tree) grows across the property line then you and the neighbor are tenants in common and you both own the tree. “My neighbors tree is damaging my fence. If that has happened, your neighbor … You cannot legally force him to cut the branch except by going to court and seeking a court order (injunction) requiring him to do this. That's because your property (the portion of the tree that's on your side of the property line) is not damaged). Sometimes where a tree is located on the boundary, both owners are equally responsible for the tree and any damage it may cause. As mentioned in prior Articles, California law is clear that a neighbor has to act “reasonably” in trying to stop actual or potential damage from a neighbor’s trees. Your neighbor won't necessarily be liable for healthy branches falling on your land. The roots have grown under the fence and have pushed the fence over. There is a tree on his side of the fence that, as the trunk has grown, has caused damage to the fence.
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