Trees are a common cause of disagreement between neighbours. Tree roots encroaching into a yard are not as good reason for removing the tree unless they are causing actual damage to the foundations of a building, a wall or some other improvements. branches blocking sunlight from solar panels or TV reception. Use our free legal tool to consult with a … Are they responsible for the damage their foliage is causing my property? If you are involved in a dispute with a neighbour involving a tree, the first step is to notify the neighbor that their tree is causing damage to or interfering with your enjoyment of your property. Due to the threat to the property (the house) the court ordered the municipality to remove the trees. exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line. He most certainly has the right to do on his property as he pleases, but what about my right to use and enjoy my property? Good fences, they say, make good neighbours - although with some neighbours, the higher the better. Something that can be more problematic is the part of the tree you can't see - … Everyone loves trees until the tree of your neighbour’s leaves fall off or its roots start to encroach on other areas of your garden or even worse – your home’s foundations. We instructed a local fencer in 2014 to carry out the work and as a result of the tree erected a new fence but had to move the boundary because of the obstruction caused by the tree (in hindsight I should of approached my neighbour the minute we realised it was their tree causing the damage but for whatever reason I didn’t think of it at the time) - I’ve enclosed a photograph. If you do more than this, your neighbour could take you to court for damaging their property. Make a claim through your insurer for tree damages to your property, even if the tree was rooted in your neighbor’s yard. How satisfied are you with your experience today? The same principle also applied to damage caused by the tree roots. If that has happened, your neighbor could be required to remove the tree. Going to QCAT should be seen as a last resort. Please use our complaints and compliments form. If you don’t know who owns the land, you can find out in the freehold land register under the Land Title Act 1994 . Always contact your legal adviser for specific and detailed advice. Bingham v City Council of Johannesburg 1934 WLD 180 QCAT can make different orders depending on your particular situation. Where tree branches are more than 2.5m above the ground and overhang by at least 0.5m, you can apply to QCAT for an order. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. Privacy Policy and The tree fell and damaged the fence, a snowmobile trailer and a motor home owned by Ted. This applies only where branches overhang more than 50cm and are less than 2.5m above the ground—and to trees not covered by a vegetation protection order (a local council order protecting a tree from having its branches lopped (cut off). From the above it is clear that the court will only order the removal of a tree should the roots pose a real and immediate threat of damaging the property. Disputes can be about: branches overhanging your fence; branches or fruit dropping into your yard; roots causing damage to your property; branches blocking sunlight from solar panels or TV reception. I have tried talking to my neighbour about it but he just shrugs and says the tree has got “a TPO” on it and there is nothing he They will not order the removal of overhanging branches for the shedding of leaves. This will be quicker, cheaper and less stressful than taking legal action. For general enquiries, feedback, complaints and compliments: Help us improve the content on our website or tell us what is working really well. Claims for damage resulting from tree roots are brought in nuisance rather than trespass, even though the tree roots will be encroaching on the neighbouring land. Question: There is an enormous tree in my next-door neighbour’s garden and its roots are running everywhere, like something from the Tomb Raider film. The need to accept a certain degree of inconvenience from trees in return for the beauty and shade that they provide can quickly evaporate in the event of a leave or root “nuisance” being experience by an aggrieved neighbour expecting a more drastic means of alleviating the problem such as cutting down the tree. In Malherbe v Ceres Municipality 1951 (4) SA 510 A it was confirmed that should a neighbour’s tree branches overhang or the roots spread into your property and the owner refuses to remove same, you may chop them off on the boundary line. Causation means that the neighbor's breach of duty was responsible for the tree falling onto your property, and that it was foreseeable to a reasonable person in your neighbor's position that the tree would fall down if steps were not taken to prevent it from falling. So. Malherbe v Ceres Municipality 1951 (4) SA 510 A, This article is a general information sheet and should not be used or relied on as legal or other professional advice. they were unaware of the risks that their trees posed and they could not have foreseen that their trees would cause subsidence damage to a neighbouring property. 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 . Our step-by-step guide to resolving tree and fence disputes can help. Domestic tree owners defending tree root subsidence claims commonly argue that they are not liable because the damage was not reasonably foreseeable to them – i.e. It is much better if you can resolve the problem together and stay on good terms with your neighbour. Surely his enjoyment cannot be at the cost of someone else? No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. If a tree on your neighbour’s property falls and damages your property, your neighbour isn’t responsible for the damage unless it was caused intentionally or through negligence. If the intruding roots or branches have caused damage to the neighbour's property (for example, roots cracking pipes or branches damaging gutters or poisoning animals) the neighbour can ask the tree owner to pay the cost of repairs or compensation. what are your rights? If your neighbour does not remove the branches by the specified time, you can remove them yourself or have a contactor remove them at your neighbour’s expense—they are liable to pay up to $300 a year for removing branches from their trees. Removal of tree roots Legal implications of removing encroaching tree roots. decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. Damage to houses (your own or your neighbour's) caused by falling trees and branches is generally covered by home insurance policies as standard, but check the wording of your cover for any exclusions. Even if your neighbour's tree has caused no damage, but is simply being a nuisance, perhaps by blocking sun or light, they may still be liable for the cost of getting the nuisance resolved. However, where the roots of a tree encroach on land owned or occupied by you, you are entitled to chop back the roots to the boundary line. In some cases, the neighbour who owns the tree may be willing to … New drains, well laid, using modern materials and sealants should be immune to tree damage. include at least 1 written quote for the cost of the work and a copy of Part 4 of the Act. What is 'soil heave'? The court’s approach was based on an objective test of reasonableness. For this reason, you may not be able to charge a neighbor for its removal. Crewe was not able to prove that the problem with the leaves in his swimming pool, gutters and sewage system was caused by the tree in question, and the court found that the wall separating the two properties could easily be repaired. It is definitely doing damage to my front wall and garage. What is the best way to deal with this? In most cases, a tree-keeper is the registered owner of the neighbouring land the tree is growing on. Hopefully you will be able to resolve tree-related issues with your neighbour in a courteous way, and remember, you also have the right to enjoy your property. If however you have exhausted that route without results, the only solution is to inform the neighbour that you would have to employ a lawyer to become involve as you are suffering reparation costs (and that it is not what you would like to do – as that would really put a serious dent into your relationship). At that stage the tree which moves some homeowners to tears of joy becomes in the eyes of especially their neighbours only a green thing that stands in the way of enjoying his property to the full extend. 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