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. Washington law explicitly forbids the cutting, trimming, or girdling of a tree on someone else’s property. You must give notice to your neighbour if you are going to do work on a shared (‘party’) wall. You must try to settle a dispute about a high hedge informally before the council can intervene. If you love your tree, how about your having the roots cut back professionally so that the neighbors don't damage the tree if they exercise their right to trim back the roots to your property line? On November 30, 1991, Janet’s tree snapped off in a wind storm. if you decide to prune the tree yourself and do it carelessly, your neighbour could sue you for damage to the tree or for damage caused by falling branches. Removing the tree roots up to the boundary line is a reasonable course of action. Don’t worry we won’t send you spam or share your email address with anyone. 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. 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. What can I do to try to resolve the problem? Neighbours don’t have to contribute to any cost involved in removing offending branches or roots. 2.16 Encroachment of branches or tree roots is the most common cause of tree-related impacts on neighbouring property that are reported in cases brought before a court. The first thing you will need to do is check whether the tree is protected or subject to an environmental overlay. 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. Any uncertainty regarding the location of the actual property line should be dealt with prior to digging. Your liability exists even if a so-called “act of God” causes the tree … No drastic action, like removing the tree, was necessary and Crewe failed in his application. 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. If you believe that your neighbour’s tree is unsafe, you should ask your neighbour to have an arborist assess the tree’s health. A neighbour’s tree causing damage to your property can be a source of conflict. So. What can I do?A First, it is important to establish that the tree grows fully on your From broken windshields and smashed vehicles to broken bones, broken windows, and a structurally compromised roof, there is a lot of potential for incredibly expensive damage when a tree isn’t being properly maintained. If the neighbor took reasonable care of the tree and a … Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. what are your rights? A recent Washington Court of Appeals opinion addressed the rights of a neighbor to destroy roots and branches on her property that belonged to trees located on an adjoining landowner’s property. To help us improve GOV.UK, we’d like to know more about your visit today. 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. 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. 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. Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. Understanding UK law relating to trees can help everyone grasp the rights and responsibilities of tree ownership. Q My neighbour has a large tree in his garden. What can I do?A First, it is important to establish that the tree grows fully on your A big tree on the condo’s property has roots encroaching onto my property. Background. It will take only 2 minutes to fill in. Given that mature hardwood trees can add $5,000 or more to a home’s value, this is not a risk to take lightly. You are allowed, under law, to trim any branches that cross the property line, particularly if they are dead or threatening your property. 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! This is true, even if the tree or hedge is growing into your property boundaries. 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. 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. 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. Your neighbour is responsible for maintaining their hedges so they do not, for example, damage your property or grow too high. 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. I have a duplex that has four of my neighbors trees bordering it on the other side of our fence. Sometimes, no matter what the law dictates, it's better to spend money to fix a situation instead of paying the same money to a lawyer and losing a neighbor. Seeing a licensed professional’s signature on a certified letter notifying the neighbor of what liability may be incurred (particularly if that letter is from your neighbor’s homeowners’ insurance company), could incentivize him or her to finally take the necessary steps to address the issues presented by the compromised tree. We use cookies to collect information about how you use GOV.UK. The highways authority can ask you to cut back hedges or trees on your property if they’re causing an obstruction in the road. He’s owned the building for 10 years and the tree he’s referring to is 40 years old. Mustoe had two large Douglas-fir trees located entirely on her property, about two and one-half feet from the property line with her neighbor Ma. The tree has caused or is likely going to cause damage to the affected neighbour’s property or injury to any person. However it is more usual for roots to enter an already damaged drain. 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. an upward deflection of the brick wall, and internal wall cracking. Should you trim past the property boundary, you may be liable to legal action against you for criminal damage. 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. So. Therefore, if drains are watertight, roots should not normally affect them. A question we get asked all the time is: What can I do about a neighbor’s tree damaging my property? You need to be very careful here. But what rights do you have if your fences aren’t high enough to keep a neighbour’s trees out of your property … As noted above, a healthy, mature deciduous tree can add thousands of dollars to a home’s value. Whether you are liable for damages to your neighbor's property caused by the spreading roots of a tree on your property depends on what state you live in. Neighbors tree roots causing damage by uplifting driveway. Mr and Mrs Khan owned a property in Stanmore, Middlesex. It’s on her side of the property, but its roots extend into my yard underground. What can I do if my drains are blocked by tree roots? Your neighbor, who not only owns the tree but has been made aware of its compromised state, may be motivated financially when he or she was not motivated by the desire to be a good neighbor. Johnson purchased the house about six years ago and shortly afterward became concerned about the root structure of his neighbour's giant tree. The tree was 99% on our property but the trunk did protrude slightly onto the neighbours property. what are your rights? 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. We’ll send you a link to a feedback form. 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. It’s likely your neighbour is liable for the damages. Repairing damage caused by a neighbour's tree can be costly. Here are some tips to help you avoid problems. At that time, the roots of the tree were pushing Johnson's patio stones upward, and the girth of the tree was causing the fence between the properties to bow inward toward his property. The branches and roots are technically the property of the tree owner and can be placed back over the fence, taking care not to cause any damage. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. Those figures could motivate your neighbor to trim or remove the tree in question. Tree roots can cause problems by blocking drains. It’s likely he made the same assertion to the previous owner who apparently didn’t think to divulge it to you under the disclosure portion on the sales contract, possibly because he wanted to hide the fact or because it had little or no merit. 2.42 In Cacopardo v Woolcock, 42 the affected neighbours noticed problems with the plumbing in their main bathroom. Your neighbor may agree to … The only thing to be careful about are tree or vegetation protection orders, which need to be complied with even if it’s not your tree. 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. Roots from my neighbor’s tree have grown under the driveway of my ... You can prune any branches or roots that cross onto your property, ... “You do have to live next to your neighbors. What Happens If a Compromised Tree Exists Across Property Lines? Duty of neighbours in tree root subsidence cases. What can I do to try to resolve the problem? It’s important to try to maintain good relationships with your neighbours, so it’s always best to first talk to them about any problems you might have with the trees … 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? Legally you should return them. 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. Overhanging branches can drop leaves into your gutters, block light, or prevent your own trees and plants from growing. In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a healthy tree won't be able to successfully sue the tree owner. You can only trim up to the property boundary. Hopefully, if you are able to keep calm and make a clear case about the potential danger that the tree presents to your property, your neighbor will understand and agree to take reasonable action, including removing the branches that grow over your property or the entire tree. Often, the best thing to do first is to talk to your neighbour to tell them about the problem. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. If necessary, you can sue to enforce your rights. They may charge you for this. Don’t include personal or financial information like your National Insurance number or credit card details. To get local council intervention, you need an arborist to provide a written report saying the tree is … The best solution will usually be to repair the drain rather than fell the tree. Roots growing under neighbouring properties Branches falling off in bad weather and causing damage or injury Under Australian law, if your neighbours tree has the potential to cause damage, poses a hazard to occupants of your home, or interferes with you or your property, … Fines for damaging a TPO protected tree are severe - up to £20,000 for destroying a tree even up to £2,500 just for causing damage such as cutting through roots. Ted and Janet were neighbours. The tree roots are part of your property. In that instance, the tree owner would be required to remove the offending tree. Roots can damage foundations, block drains or lift brick paving. Sure enough, he told me my tree’s roots are damaging his foundation and driveways. The neighbour cannot go onto the tree owner's land and cannot remove any part of the root or branch that is not on his or her property. 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. 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. If your neighbor won’t settle the issue with you directly, you don’t want to risk trimming without his or her permission, and the tree is dying, dead, or otherwise compromised, it’s time to take real action. A reasonable course of action front wall and garage to which tree up. 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