City governments often step in to take care of, or make the owner take care of, dangerous trees. Some cities have ordinances that prohibit maintaining any dangerous condition, including a hazardous tree, on private property.
To enforce such an ordinance, the city can demand that the owner remove the tree or pay a fine. Some cities will even remove such a tree for the owner. You might also get help from a utility company, if the tree threatens its equipment. For example, a phone company will trim a tree that hangs menacingly over its lines. If you don't get help from these sources, and the neighbor refuses to take action, you can sue.
The legal theory is that the dangerous tree is a "nuisance" because it is unreasonable for the owner to keep it and it interferes with your use and enjoyment of your property.
You can ask the court to order the owner to prune or remove the tree. You'll probably have to sue in regular court not small claims court and have proof that the tree really does pose a danger to you. 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.
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. Instead, the neighbor can go ahead and trim the tree himself.
In some states, however, neighbors may sue under certain conditions, including:. In many other states the law is unclear. In these states, a case might be successful if the tree:. In addition to finding out what the laws are in your state, there are other questions to answer in getting to the roots of this dilemma.
What's the cost of the damage to the neighbors' septic system? Do you like these neighbors and want to keep a good relationship? How about splitting the cost? 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? Our elderly neighbour has refused to tend to her trees for many years. As a result our house has suffered dry rot, lack of sun light and we cannot hang out the washing.
Everything is covered in sap and the lawn is ruined. Although elderly, she has a regular gardener and her lawn is pristine. We asked the gardener to discuss cutting the tree back and she refused.
We had to cut back the branches but the fir tree just towers above the house just 12ft from the house. We have raised a complaint with the council as this dispute will need to be declared if the house is sold. It is so unfair. Whilst we appreciate she is elderly, her gardener reported that she was just stubborn and had refused to listen to his advice over many years. Now we look like the bad guys even though we have had to spend money buying tools to cut back her trees!!!
No Light - 9-Sep PM. We have a narrow path from our back gate leading to the garages we and our neighbours have. The path is used by two other neighbours and has a further 4 gardens that just back on to it with fences. Another neighbour whose garden backs on to this has tons of Ivy, bamboo and other plants which have grown over his fence and is now blocking this path.
Can I just cut this back myself so we can still use this access. SDunk - Aug PM. We have a beautiful magnolia tree in our front garden, 2 branches overhang next door.
The people RENT this property. Do they have the same rights as the person who owns the property to cut them down or are they required to get his permission - afterall, it's not their house. We would like to know if they are permitted to chop them down and can we challenge them if someone does start to? Mand - Aug PM. I absolutely hate this topic and it continues to cause me distress! His trees are over hanging my garden and roots ruining the patio. I truly believe those who have the trees should be responsible for upkeep and damage they cause!
MissC - Aug PM. I have a very large old tree in my garden that is growing at a 45 degree angle over a newly built garden room garden studio cabin type structure at the end of my neighbours garden. If the tree falls it will do significant and expensive damage to that cabin. What are my rights if my tree falls and damages that garden room in my neighbours garden? Mord - Aug AM. My neighbours garden has gone wild, my eight year old fence has broken and is flapping in the wind because trees have seeded and gone wild next door,a huge Willow that has self seeded and been left to grow unchecked, Ash with dieback also graces our boundary along with invasive ivy and huge brambles.
I have sent a polite note but no response. What can I do about this? None - Aug AM. I have a hedge new people have moved in so the bottom off the gardenis there boundary but the have killed my hedge where do I stand it was dangerous so had to cut it back to save it collapsing I know you can cut back over hanging but are the allows to kill it from the roots?
Jj - Aug PM. I have an edge made of crab apple type tree between my garden and my next door driveway. They never trim the branches on their side and I always wonder that perhaps they waiting for me to do it. I am 73 years old and small, so I decided to call a gardener to trim this small edge at the top and on my side leaving my neighbours untouched The man next door came at my door screaming at me because the gardener went onto his driveway to collect branches that fallen off.
Really so bad, I live on my in and this man is a teacher! Pat - 7-Aug PM. My neighbour insists that I cut down trees in my garden which drop leaves into hers. I have told her that I am not prepared to cut them down but that she is entitled to cut back any foliage which hangs over the fence.
She then throws all the off cuts back over for me to dispose of. Is she within her rights? None - 4-Aug PM. Hello, I have a country bowls club behind me back fence. My property has designated parking spots and mine is next to my house besides the fence to the bowls club. The club has many bushes and a large tree which overhang the fence and come in to our garden and over my car.
But I have a white car. This is another good reason, if you intend to remove a substantial part of a tree, for employing a tree surgeon or arborist to carry out the work for you. Again, you should check they are insured against any damage, loss or injury sustained, before employing them. If you believe the tree in question is causing damage to your property, contact your insurers before carrying out any work to it.
If the tree in question is the subject of a tree preservation order or in a conservation area, you may need to obtain permission from your local planning authority before carrying out work on it. If you contravene a tree preservation order or carry out work on a tree in a conservation area, you could be prosecuted and, if found guilty, fined. The owner of the land on which the tree grows remains the owner of any branches, together with any fruit that may be on them — even after the branches have been removed.
If you know that you have a tree that overhangs a neighbor's property, approach your neighbor to discuss the matter. Offer to trim the tree branches so they don't become a nuisance to him.
If that involves accessing the neighbor's yard, obtain permission before doing so. Although some overhanging trees cause disputes, you may be pleasantly surprised to find that your neighbor enjoys your tree and the shade it provides.
Approach each situation diplomatically and attempt to resolve the matter without anyone taking legal measures. Amie Taylor has been a writer since
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