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You must look for any weak or damaged branches. A Council or Highways Agency may serve notice on the tree owner to require adequate clearance of hedges or trees encroaching onto pavements or roads. Most insurance companies will cover the claim as long as they deem it an Act of God, because this situation could not have been anticipated by a reasonable person. In this case, you may have questions about your rights regarding the portion of the tree that is on your property. Some rare trees can be valued at tens of thousands of dollars. If that fails you are almost certainly within your rights to clip it or snip it. This will only be necessary if the trees are blocking the road or causing obstruction. The tree or branches are smoking, sparking, or burning on a power line. If a tree on a neighbour’s property is encroaching onto your property and causing damage, the neighbour may be liable for that damage. My neighbor's tree overhangs on our property and is a nuisance every year by constantly blupping our pool skimmer, and since it is a Maple tree which drops thousands of seeds, we ar constantly removing small trees that grow everywhere. A homeowner may be entitled to remove the overhanging branches of a tree belonging to an adjoining landowner. Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. If the owner of the tree is unwilling to cooperate however, they are legally unable to stop you from completing the pruning at your own expense. An individual who intentionally kills their neighbour’s tree needlessly may face liability as a result. These ordinances are very specific, so if you live in one of the few cities that has one, you need to research the law to determine if it actually applies to you. This, however, can be a lengthy and time-consuming process and there is no guarantee that neighbour B will win. If a tree trunk is on your property, you are responsible for maintaining it. This is known as the common law right of abatement (Lemmon v Webb [1862] AC 1 HL). 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. If any portion of a tree that was a known hazard falls and damages your neighbor’s property, you will likely be responsible. However, the cut branch (es), and any fruit or flowers attached to the branch (es) remain the property of the tree owner and must be returned. If your property backs onto a road and has a problem with overhanging trees, it’s possible the Highways Agency might ask you to remove them. A tree falling onto a power line can cause serious injury or death. As long as a tree is not considered a “boundary tree” it can be pruned by the neighbor on either side of the property line without permission. Ask your neighbour to cut the parts that overhang your land. Homeowners can refuse this, but the authorities are within their power to remove the trees without consent. "Can I request my neighbour to trim the branches from their trees that hang over my property. The following are general rules regarding overhanging tree branches. You will each be responsible for whatever portion of the tree is on your property. Who Is Responsible for Maintaining the Tree? Neighbor B will be responsible for the arrangements and costs associated with the pruning. Participant Experts v. Litigation Experts. Laws on Overhanging Tree Branches. Even if its branches or, worse still, its roots have begun to grow over or into a neighbour’s territory, it belongs to the landowner where the tree was originally planted. If, however, the tree is a safety hazard or poses a risk, neighbour A may be liable for the cost of having it removed so as to ensure no damage occurs to surrounding properties. When a tree on your property hangs over the boundary line into another yard, you have a duty to address all weak or damaged branches. Consumer Rights for Cutting Branches. In some cases, the neighbour who owns the tree may be willing to contribute to or cover the cost of pruning the tree. Neighbor B will be responsible for the … Using this survey, you will be able to determine which trees fall within your property lines and which ones belong to your neighbors. Does the Court of Appeal have the Inherent Jurisdiction to Hear an Appeal of an Interlocutory Order? For example; If neighbor A has a tree, and the branches from the tree are encroaching on neighbor B’s property, neighbor B has the right to trim whatever branches have passed the property line without notifying neighbour A. 1. If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. 3. If your tree or a portion of your tree falls onto your neighbor’s property and the tree was well maintained with no sign of disease or rot, any damage caused will be your neighbor’s responsibility. One cannot simply cut and run, however. The decision in Koenig v. Goebel was affirmed in 2013 by the Supreme Court of British Columbia in Demenuk v. Dhadwal [2013]. While liability surrounding property damage is very fact specific, the Court in Koenig v. Goebel [1998] stated that “there is clear authority for the proposition that a property owner is legally entitled without notice to cut those branches and roots of a neighbour’s Border Tree which extend onto his property or air space although such an action may kill the tree.” The Court later cautioned that this does not mean individuals have an absolute right to destroy their neighbours border trees should they begin to extend over the property line. In addition, if your neighbor gives you a warning about a tree or portion of a tree that they feel is a hazard or files a complaint with the town about a tree on your property that they believe to be a hazard, if you do nothing to address this concern and any portion of the tree falls on the neighbor’s property, you may be liable for any damage caused. For example, if neighbour A fails to maintain their tree and it falls onto neighbour B’s property causing damage, neighbour A will generally be liable for that damage. Neighbour A is under no obligation, however, to pay for trimming parts of the tree that are not on their property, unless those parts of the tree are unhealthy or pose a safety hazard. CAB monitors the quality of the information available on this website and updates the information regularly. You are responsible for the cost of cutting any branches you choose to trim. In general, where tree branches or roots encroach onto neighbouring land, the owner of the neighbouring land has the right to cut back the encroaching branches to the boundary. In the rare case that the tree trunk lies right in the middle of the boundary between you and your neighbor, then it will be a mutual responsibility to take care of the tree. You could be considered ​negligent for failing to remove a known hazard before damage occurred or for failing to properly inspect and maintain the trees on your property. In some cases, neighbour B’s pruning of the tree’s branches or roots may damage the tree, causing it to die. Whether you find yourself on the giving or receiving end of an overhanging tree complaint, it is essential to know who owns the tree in question. ... your neighbour is legally responsible for the damage. Such a tree is jointly owned by both neighbors and cannot be pruned or removed without permission from both parties. Erin Eberlin wrote for The Balance Small Business, covering rental management, tenant acquisition, and property investment. You can cut back anything up to your property line. To answer the question of who is responsible for trimming tree limbs, it should be noted that by law, you have the right to cut down those branches of a tree that have crossed your line of the property. If the tree has a Preservation Order on it then you cannot cut/pare any branches. 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