For many years, homeowners have used trees to create gardens abundant in style. If a homeowner were to fell a shared tree without permission, it would be considered an act of trespassing. Cutting your neighbour's encroaching tree often gets law-abiding consumers in hot water. However, landlords only have the right to cut back or prune trees that are on their property. Here’s who’s really responsible for cutting the hedges: The responsibility for boundary hedge cutting is shared. 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. Contact the nearest council. Ask your neighbour to cut the parts that overhang your land. We’ve asked the consumer advice website HomeOwners Alliance what to do next. 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. trees etc. And how do you find the best deal? However, some overhanging branches can only be removed from the other side of the fence. There are some basic steps to take before you start trimming. The practice of cutting overhanging branches is defined as ‘abating a nuisance’. Apparently the leaves have caused him to replace the pool motor on 2 … 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. In fact, you may be breaking the law if you cut your next-door neighbour's overhanging tree. Damage to property. Again, these laws can differ in each state, so be sure to look up the exact law in your area. 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. Have you completed a project recently? 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. continue. Draper’s retelling is inspired by real... Are people moving house or staying and improving in these coronavirus times? If the branches and or roots of a neighbouring tree spread into another property, they still belong to the tree-owner. Your neighbour is responsible for the proper maintenance of hedges and trees on their side of the fence. Most citizens expect the law to allow reasonable cutting and trimming of overhanging trees. In discussing the appropriateness of self-help, the Wagner Court mused in a note: The neighbour is refusing to cut the trees, and if my mother is to cut the trees, this will be in excess of £1000. Some trees are poisonous and may cause a health risk, such as yew trees. Otherwise, we'll assume you're OK to You should check if the tree or hedge is dangerous before you decide. If they decide the tree is likely to cause damage, they can take several courses of action. Customers may need this when: Trees are growing close to power lines. Is it ok to cut off overhanging branches? If you think a tree is causing damage to your property then you should contact your property insurer or seek legal advice. 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. Even so, the law only grants you permission to remove them back to the dividing line or border. The practice of cutting overhanging branches is defined as ‘abating a nuisance’. Ongoing vegetation management promotes safety and is more cost-effective than reacting to damage and delays caused by a fallen tree. that overhang or are a danger to roads or footpaths. 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. Branch removal is a significant undertaking and can cause severe damage if not completed correctly. It’s essential to choose a competent tree surgeon to complete the task. The person who owns the land (your neighbour) on which the tree grows i.e. 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? In this case you must contact your local authority. Overhanging branches. 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. You are therefore, technically exercising the self-help remedy of ‘abating a nuisance’ by cutting the offending branches off. 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. You are free to cut back roots or branches that are within your property’s boundaries. The owner of a tree which is likely to cause damage can also request the local authority to make the tree safe. PRIVACY | 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. Being... New research from Checkatrade reveals that almost two-thirds (63%) of Brits are clinging onto damaging misconceptions about the nation’s trades. SITEMAPeval(ez_write_tag([[300,250],'theukrules_co_uk-large-leaderboard-2','ezslot_6',107,'0','0'])); Replacing Roof Tiles Building Regulations. Is a landowner responsible for trees overhanging a public highway? 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). 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. To remove the tree, both property owners must consent. Since the branches are already hanging over your roof, they’re poised to do damage. Check the latest industry expertise and read insider tips from our vetted tradespeople. We interview and vet all our tradespeople to ensure they meet our high standards. You may prune the branches back to the boundary of your property but no further. As a result, it’s not necessary to receive permission before cutting them from your garden. 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. If a homeowner were to fell a shared tree without permission, it would be considered an act of trespassing. Shrubs and trees etc overhanging the Public Highway . Removing branches overhanging your property A tree belongs to the person who owns the land on which it grows. You are responsible for the cost of cutting any branches you choose to trim. Both you and your neighbour should be trimming each other’s respective side of the hedge. 5. The work must be done from your own property. Check this list of consumer rights and rules on cutting encroaching or overhanging foliage. 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. You can cut back anything up to your property line. In this article, we aim to provide readers with an understanding of UK law relating to trees. Laws on Overhanging Tree Branches. Situation 1. Articles about Home and Family Life: News stories about rules for homes and lifestyle regulations. 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. 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’. © 2020 | Find out what to do about a neighbour's tatty fence. Yes. Join us and benefit from the millions of potential customers who use Checkatrade to find reliable tradespeople. Edit your profile, view callback requests and ask for feedback from customers. The short story, downloadable as an eBook, sees Bram Stoker’s iconic ‘Dracula’ get a dramatic makeover just in time for Halloween. Fences Act 1968 as amended by the Fences Amendment Act 2014, which brought in … 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. Switched off temporarily whilst tree trimming is being carried out property owner liable... Metre threshold and there are several of them are that they ’ re poised to damage! With TPOs the location of its base defines a tree is on private property some trees are over. Uk law relating to trees with TPOs to provide readers with an understanding UK... Boundary and the branches back to the boundary line onto his side have the to. 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