Most homeowners and commercial property owners take a proactive approach to dying or sickly trees by cutting them down as soon as it becomes obvious they are compromised. You are allowed, under law, to trim any branches that cross the property line, particularly if they are dead or threatening your property. The tree was 99% on our property but the trunk did protrude slightly onto the neighbours property. However, If any branch or root from a neighbouring tree does cause damage to your property you have a strong case for damages. What can I do?A First, it is important to establish that the tree grows fully on your If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbor’s property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. 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. It’s likely your neighbour is liable for the damages. From contacting the owner’s insurance company (who likely won’t be pleased about this unnecessary risk and may threaten to revoke the policy or increase the premium substantially) to going to court to seek legal aid, there are a number of options available. Trees add structure and drama to a garden but their size and potential to cause nuisance or damage means they can sometimes be a worry. The best solution will usually be to repair the drain rather than fell the tree. Your neighbor may agree to … If you live in a conservation area or the trees that surround your property are protected, you may need council permission to trim before taking any action. Janet owned a Lombardi Poplar tree that was 60 feet tall and was situate 5 feet from the boundary fence. what are your rights? Johnson purchased the house about six years ago and shortly afterward became concerned about the root structure of his neighbour's giant tree. There’s a real sadness that comes with realizing a tree that has shaded and beautified your property for many years is infected, infested, or otherwise at risk of crashing down. No legal expense, no arguing, happy neighbours. A big tree on the condo’s property has roots encroaching onto my property. Once inside a drain, roots are likely to proliferate and cause a blockage. This is another good reason, if you intend to remove a lot of tree roots or very large tree roots, or if the roots are deeply rooted, for employing a tree surgeon or arborist to carry out the work for you. Some trees can be valued at more than $4,000. What Happens If a Compromised Tree Exists Across Property Lines? If your neighbor or someone else cuts down, removes, or hurts a tree on your property without your permission, that person is required to compensate you (the tree owner) for your loss. However, an eyesore next door can lower a home’s value substantially. However, sometimes large branches can fall and do damage to property, especially if the tree is in poor condition. My neighbour replaced his drain pipes, taking water from his gutter to a soakaway. If a neighbor’s tree roots grow onto your property and cause damage, you have the right to remove the roots. They may charge you for this. It’s important to try to maintain good relationships with your neighbours, so it’s always best to first talk to them about The Royal Institution of Chartered Surveyors (RICS) has free advice on boundary disputes and party walls (the walls you share with your neighbours). Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. 2.42 In Cacopardo v Woolcock, 42 the affected neighbours noticed problems with the plumbing in their main bathroom. But what rights do you have if your fences aren’t high enough to keep a neighbour’s trees out of your property or roof? The tree roots are part of your property. If the neighbor took reasonable care of the tree and a … He’s owned the building for 10 years and the tree he’s referring to is 40 years old. Mr and Mrs Khan owned a property in Stanmore, Middlesex. Often, the best thing to do first is to talk to your neighbour to tell them about the problem. Background. Tree roots can cause problems by blocking drains. Its roots are beginning to damage the foundations of my house. Answer: Encroachment of tree roots on to your land will likely be considered a nuisance and you may be entitled to claim the cost of the cure — for example, pruning the roots and repairing any damage they cause — from your neighbour. Duty of care. All content is available under the Open Government Licence v3.0, except where otherwise stated, settle a dispute about a high hedge informally, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, 2 or more mostly evergreen or semi-evergreen trees or shrubs, affecting your enjoyment of your home or garden because it’s too tall. While suing your neighbor won’t make for a great block party next summer, it could protect your family and home from severe damages in the future. You can only trim up to the property … But it doesn’t work like that.” Those figures could motivate your neighbor to trim or remove the tree in question. The tree fell and damaged the fence, a snowmobile trailer and a … This is true, even if the tree or hedge is growing into your property boundaries. You must place any cut root or branch back onto your neighbour’s property in a neat and considerate manner. You’ve accepted all cookies. Mr and Mrs Khan owned a property in Stanmore, Middlesex. What can I do? Your neighbour is responsible for maintaining their hedges so they do not, for example, damage your property or grow too high. Show Your Neighbor the Liability They’re Incurring. What can I do to try to resolve the problem? If the tree was well maintained and a storm causes a tree limb to crash into a neighbor's roof, the tree owner is not responsible. Laws vary somewhat but most states say that if the roots of a homeowner’s tree damages a neighbor’s drive or home, then that’s the n… Any uncertainty regarding the location of the actual property line should be dealt with prior to digging. 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. Understanding UK law relating to trees can help everyone grasp the rights and responsibilities of tree ownership. The highways authority can ask you to cut back hedges or trees on your property if they’re causing an obstruction in the road. A neighbor’s tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. Disputes about what is the exact boundary between 2 properties can be difficult to solve so get legal advice. Damaged and Diseased Trees In Washington, you may have to pay damages to your neighbor if a tree on your property that is damaged and/or diseased falls across your neighbor’s property and causes injury, death or damage. If a branch from a tree hangs over the property line in such a way that causes injury or damage to the neighbour, the owner of the tree is legally responsible for the damage or injury. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. Consider Trimming Just the Offending Branches. Most homeowners and commercial property owners take a proactive approach to dying or sickly trees by cutting them down as soon as it becomes obvious they are compromised. Sure enough, he told me my tree’s roots are damaging his foundation and driveways. If your drains are blocked by roots you will need a drainage company to assist. We’ll send you a link to a feedback form. However, this can become a very difficult process if the tree that is threatening your property has its trunk or roots on your neighbor’s property. If your neighbor staunchly refuses to trim or remove a dead or dying tree that poses a threat to your property, and nothing else has worked, you should hire an attorney and work with this professional to resolve the issue. Ask your council for a complaint form if the hedge is all of these: You might have to pay the council a fee to consider your complaint. 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! It is definitely doing damage to my front wall and garage. A lot of people call us and say, hey, this tree fell from my neighbors house into our yard, and I want you to give us an estimate and we’ll give it to them. You can change your cookie settings at any time. 2.41 The extent to which tree roots encroach depends on complex ecological factors. The neighbour one day had a company come in an chop down the tree and remove it over the next day while we were at work. On November 30, 1991, Janet’s tree snapped off in a wind storm. But what rights do you have if your fences aren’t high enough to keep a neighbour’s trees out of your property … You can contact your Council to find this out. Should you trim past the property boundary, you may be liable to legal action against you for criminal damage. In most states, if a tree falls during a severe storm and damages another property, the tree's owner isn't liable. Washington law explicitly forbids the cutting, trimming, or girdling of a tree on someone else’s property. The large trees my neighbours have planted will overshadow/block views from our property. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. However it is more usual for roots to enter an already damaged drain. Don’t worry we won’t send you spam or share your email address with anyone. If the roots of neighbor’s row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your home’s foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the loss of your home’s market value. In Victoria, there are no specific rules or regulations that can force a property owner not to plant big trees and this is usually something for neighbours to negotiate and agree upon themselves. So. what are your rights? Regardless of if there is property damage, a landowner may sue her neighbor to make that neighbor trim the branches that encroach the landowner's property. "Serious harm" usually requires structural damage. 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. I don’t know how much you know about different types of trees, but mulberry trees have roots that go deep and cover a good deal of space under the ground. 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 If necessary, you can sue to enforce your rights. To get local council intervention, you need an arborist to provide a written report saying the tree is … A neighbour’s tree causing damage to your property can be a source of conflict. So. A question we get asked all the time is: What can I do about a neighbor’s tree damaging my property? It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. A neighbour’s tree causing damage to your property can be a source of conflict. Background. The recent case of Khan & Harrow Council & Another [2013] (Ramsey J handed down his judgment on 3 September 2013), which concerned damage caused to a property by tree roots, considered when a person will be liable for damage caused by roots from trees on their land. Regardless of what kind of relationship you have with your neighbors, whether they are your Friday night poker buddies or someone you avoid like the plague, when you’ve determined that a tree that is placing your property at risk for damage is on their property, your best option is to sit down and discuss the issue thoroughly. 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. Examples of damage or danger to the affected property include: Overgrown roots which may be breaking paths or blocking pipes Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. The tree roots have uplifted my driveway causing extensive damage. They will not order the removal of overhanging branches for the shedding of leaves. Consider Hiring an Attorney as a Last Resort. If you live in a conservation area, or the trees in the hedge are protected by a ‘tree preservation order’, you might need your council’s permission to trim them. I have a duplex that has four of my neighbors trees bordering it on the other side of our fence. But we understand that while fences may make good neighbors, a tree that’s actually causing property damage can definitely make for a tense situation. Many previously positive relationships between neighbors have been soured or destroyed by disputes about trees. The first thing you will need to do is check whether the tree is protected or subject to an environmental overlay. Here are some tips to help you avoid problems. If your action results in the tree damaging property or injuring someone, the property owner or the person hurt may claim damages from you. Your specific rights and remedies may vary depending upon local law. If the roots of a tree situated on a neighbour’s land have caused damage to your property, then the owner of the tree can be liable for the damage under the law of nuisance. Kidding aside, this really isn’t your problem. Professional Analysis and Letters Can Help. Liability for damage caused by tree roots Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. Q My neighbour has a large tree in his garden. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. Q. an upward deflection of the brick wall, and internal wall cracking. The roots have been damaging my concrete driveway and the foundation of my house. Duty of neighbours in tree root subsidence cases. Removing the tree roots up to the boundary line is a reasonable course of action. Good fences, they say, make good neighbours - although with some neighbours, the higher the better. Roots can damage foundations, block drains or lift brick paving. 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. If you refuse, they can go into your property without your permission to do the work themselves. Your neighbor may not understand that he or she could be held financially and even criminally liable if the tree damages your home or, in a nightmare scenario, results in the death of or injury to a person or companion animal on your property. If you have a neighbour’s tree hanging over your land, you can: exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. My neighbour’s tree looks dangerous and branches are overhanging my property The City of Joondalup advises that this is a civil matter and the City may only commence involvement once it is satisfied that the tree does present a hazard and that the property owner or occupier has failed to take appropriate action to remove the hazard. No! trim any branches that cross the property line, How to Prepare Your Trees for Winter Weather, 6 Tips to Keep Your Trees Healthy This Fall and Winter, Washington Tree Experts’ Commitment to Safety, Questions To Ask Your Arborist About Protecting Trees During Construction. 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