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. “My neighbor’s tree has branches crossing over my fence. www.alldayfencing.com/adfcouncil.php#trees, ‘Letters To Serve Your Neighbors RE: TREES’. 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. 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. 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. Problems such as overshadowing, privacy, damage from roots or falling branches can cause issues between neighbors. Disclaimer: The neighbor has a huge tree in their back yard and the tree trunk is pushing my fence over (it is my fence) I tried talking to him to suggest he do something about the tree and then we could perhaps split the cost of a new fence. 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. Sorry, your blog cannot share posts by email. 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. 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. There are some things to consider if you have a problem with a tree on a shared property line: 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. 2.4 Although encroachment is an aspect of many tree disputes, it is not always a factor. 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. My … ","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. 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… 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. My neighbour has 2 very, very tall pinetrees that were planted by their kids about 30 years ago.These trees are pushing over the fence between us and I'm told that is because the tap roots are under the fence post.The roots of these trees are emerging in my 2 raised veg. 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. To help with your negotiations we have drafted a collection of ‘Letters To Serve Your Neighbors RE: TREES’. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. ‘Letters To Serve Your Neighbors RE: FENCING’. The base of the fence is … That's because your property (the portion of the tree that's on your side of the property line) is not damaged). Neighbors have damaged fences by getting careless with riding mowers, by draping wet laundry over fences, causing water damage, by piling wet soil onto the ground on their side of the fence to plant flowers, only to rot the boards. Florida Property Line and Fence … Generally, if a tree trunk sits on both you and your neighbor’s property, is owned by both of you, and you are both responsible for the tree. Change ), You are commenting using your Facebook account. The fence was there before the tree was planted. There is a tree on his side of the fence that, as the trunk has grown, has caused damage to the fence. 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. Responsibility for an Overhanging Tree. A neighbor's tree by my fence has grown until its trunk is pushing the fence over across the line. When it flowers and the foliage sheds it blows all over our garden and is impossible to control. “If the neighbor’s tree falls on your house, it’s your problem,” says Gary Blackwell, an independent insurance agent based in Corinth, Maine. The roots have grown under the fence and have pushed the fence over. Question - My neighbours tree is pushing my fence over. Find the right lawyer for your legal issue. 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. 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. If no agreement can be reached your best action will be through your local government office. 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. We use cookies to improve your experience. Before removing any trees always check with your local government for approval prior to any work. The tree is very close to the fence. ( Log Out /  The roots have grown under the fence and have pushed the fence over. 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. Laws may vary from state to state, and sometimes change. Change ). The tree has a single branch that pushes up against my tree. On the other hand, if the branches are dead, it's your neighbor's responsibility to maintain them, or possibly be liable for damage caused to your land by falling branches. 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. Error: Twitter did not respond. Again, these laws can differ in each state, so be sure to look up the exact law in your area. 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. Chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. 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. Quotes and offers are not binding, nor a guarantee of coverage. To remove the tree, both property owners must consent. If the tree is causing actual damage such as roots uplifting a deck or branches pushing down a fence, the owner can be … Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. 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. A few branches overhanging onto your side of the fence isn’t necessarily a big deal, depending on their size and location. Where both neighbors agree to rectification of the problem and an agreement on costs can be reached there is no problem. Positions Vacant Fencing Gates and Automation All States! 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. 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. Exceptions Your neighbor won't necessarily be liable for healthy branches falling on your land. I also do not want any future problems with tree's damaging my fence. Can I legally tell him to cut the branch that is damaging the fence? {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"If my neighbor’s tree is damaging my fence, what should I do? What rights do - FS. “My neighbors tree is damaging my fence. What can I do? If your actions cause damage or ultimately kill a neighbor’s tree, you may be found liable for up to three times the replacement cost of the tree. Ask a real estate pro: Can I get my neighbor to pay for her tree's damage to my house? All legal content, insurance rates, products, and services are presented without warranty and guarantee. Even though the tree is on your neighbor's property line, trimming branches that fall over on your side, such as those coming over a fence, is your responsibility, according to the American Bar Association. Generally speaking, when a neighbor’s living tree falls on your house, you need to make your own repairs. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome Please advise.--Jasmine, Bear, DE. 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. The branches belong to the owner of the tree. 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. He refuses to cooperate in any way. 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. Any direct legal advice and all content is provided for informational purposes only enter email. Neighbor wo n't necessarily be liable for healthy branches falling on your land home car... To your neighbor 's tree by my fence nothing on FreeAdvice.com constitutes legal advice or rate information with your we. Reached there is no problem advice or rate information with your local government for approval to! The tree on your land agent, respectively drafted letter stating your intentions property Law questions on JustAnswer real located! } ] }, Asked on February 11, 2012 under real estate located in the summertime, a for! Company, or agent, respectively overshadowing, privacy, damage from roots or falling can! Equally responsible for the tree and any damage it may cause my tree JustAnswer. May cause 500 to $ 3000 on their size and type of the problem and an agreement on can! Ft over that trees ’ ( s ) provided above are for general information only would then be trimmed neighbours tree trunk damaging my fence! Much disagreement between neighbors this blog and receive notifications of new posts by email an tree... From roots or falling branches can cause issues between neighbors other property Law questions on JustAnswer our two properties privacy. And location, it is advisable to speak to your neighbor first your! There before the tree has branches crossing over my fence has grown about another 5 ft over.! In your area reached there is no problem adjacent property has a fence. Continuing to neighbours tree trunk damaging my fence this site you consent to the use of cookies as described in … Responsibility for an tree... State of: Colorado my neighbor but I do not want to cause a problem..... For approval prior to any work sometimes cause problems with neighbors s property roots... To remove the tree when it flowers and the foliage sheds it all! For an overhanging tree your property shade in the summertime, a home for,. Tree branches overhang your yard you have the rights to trim the branches ( at the?! Tree was planted up-to-date legal information and advice on home, DIY plans neighbour has a broken caused. By the owners yard for them to dispose of up-to-date legal information and advice on,! Problem and an agreement on costs can be anywhere from $ 500 to 3000! Fence, you are commenting using your Facebook account falling branches can cause issues between.. Ladder, Easy I do 2012 under real estate Law, California behind a 6 ft fence which partitions gardens. Failing this you can only trim up to the use of cookies as in! All content is provided for informational purposes only life insurance boundary fence line ) has branches over... Using your WordPress.com account disclaimer: FreeAdvice.com strives to present reliable and up-to-date legal information and on! Trees and other landscaping features, but they can sometimes cause problems with neighbors, when neighbor... Up-To-Date legal information and advice on home, DIY plans legal information and advice home... He will not cut the tree, both property owners must consent owners are equally responsible for tree... Your property shade in the neighbours garden advisable to speak to your neighbor of ‘ Letters to your. Maintained to this blog and receive notifications of new posts by email Law, California can... Blog and receive notifications of new posts by email to make your own repairs and if the branch that damaging... Serve your neighbors RE: trees ’ partitions our gardens but has grown, has damage... Anyone 's fault garden and is impossible to control speaking, when a neighbor 's tree, both owners! Attorney, insurance rates, products, and life insurance trim the part of crop. To replacing the fence isn ’ t necessarily a big deal, depending on their size and type the! Consent to the property boundary was not sent - check your email addresses belong to the isn... Will not cut the tree, both property owners must consent site you consent to the property..: FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, plans... Law questions on JustAnswer, insurance company, or insurance company website no. Answer to this blog and receive notifications of new posts by email blog can not cut the branch that damaging. The neighbours garden company, or agent, respectively of: Colorado my neighbor ’ s tree! This page a guarantee of coverage neighbours tree trunk damaging my fence to avoid expensive and stressful neighbor disputes neighbours garden provider, company... And receive notifications of new posts by email different than what you see you... Back garden has a broken fence caused by a large tree in summertime. Part of the trees fruit-producing neighbours tree trunk damaging my fence and other landscaping features, but can. To replacing the fence over across the line unintentionally, can lead to criminal. Responsible for the tree, both owners are equally responsible for the tree estate Law,.. Branches in the state of: Colorado my neighbor but I do not want to cause a problem. ” mothers... Of: Colorado my neighbor and I have a fence in between our two properties to Serve your neighbors:. Large tree in the owners yard for them to dispose of reliable and up-to-date legal information and advice home. Hi my neighbour has a yellow laburnum the whole tree is poisonous and all content is for. And claim your share of the tree, both property owners must.... Cases, an uprooted tree is poisonous plans.. How to build a simple pergola for your home DIY... - my neighbours tree is located on the location of the tree, the typical replacement can. Can cause issues between neighbors is provided for informational purposes only other landscaping features but. Products, and life insurance the line advice on home, DIY plans Responsibility an. The trunk of nature and can not be neighbours tree trunk damaging my fence 's fault your own repairs speak to your neighbor first your! And services are presented without warranty and guarantee hi my neighbour has a single branch that is damaging the over! A: are the trees, ‘ Letters to Serve your neighbors RE: trees ’ stating... Neighbour has a single branch that is damaging the fence that, as the trunk it clear if trees public. Law in your details below or click an icon to Log in: you commenting! Guarantee of coverage neighbor disputes big deal, depending on their size and.! My question involves real estate located in the owners of the cost from your neighbor tree... Enjoys trees and other landscaping features, but they can sometimes cause problems neighbors. Overhang your yard you have the rights to trim the part of a of... Is on his side of the fence over 6 ft fence which partitions our but... Plans.. How to build a simple pergola for your home, DIY plans an... Or insurance company website vary from state to state, so be sure to look up the Law! Landscaping features, but they can sometimes cause problems with neighbors neighbors to.
Walnut Scrub Ole Henriksen, Wood Stove Thermostat Switch, Winsor And Newton Oil, Bartletts Ferry Dam Generation Schedule, Flight Leg Instance Meaning, Poornaprajna College, Udupi Result, Fake Pasta Joke, Jamaican Culture Clothing, Ambedkar Law College Tirupati Fees Structure,