Kidding aside, this really isn’t your problem. If your neighbor won’t speak with you directly about this risk, or you worry that he or she hasn’t been taking your comments and concerns about property damage seriously, you may wish to speak with an attorney or insurance adjuster who can provide a letter stating the obvious: The risk of the tree or branch falling outweighs whatever benefits the neighbor’s refusal to remove it has created. 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. A question we get asked all the time is: What can I do about a neighbor’s tree damaging my property? If you believe that your neighbour’s tree is unsafe, you should ask your neighbour to have an arborist assess the tree’s health. My neighbour replaced his drain pipes, taking water from his gutter to a soakaway. The first thing you will need to do is check whether the tree is protected or subject to an environmental overlay. 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. However it is more usual for roots to enter an already damaged drain. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. 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. 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. 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. No! The above sounds good. 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. You must give notice to your neighbour if you are going to do work on a shared (‘party’) wall. 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 … The recent case of Khan & Harrow Council & Another [2013] (Ramsey J handed down his judgment on 3 September 2013), which concerned damage caused to a property by tree roots, considered when a person will be liable for damage caused by roots from trees on their land. Maintenance of trees on private property can often lead to disputes between neighbours when a tree has been planted close to the property line. Q My neighbour has a large tree in his garden. If the roots of neighbor’s row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your home’s foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the loss of your home’s market value. Q My neighbour has a large tree in his garden. However, an eyesore next door can lower a home’s value substantially. Its roots are beginning to damage the foundations of my house. Many previously positive relationships between neighbors have been soured or destroyed by disputes about trees. From the above it is clear that the court will only order the removal of a tree should the roots pose a real and immediate threat of damaging the property. 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. 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. You can trim branches or roots that cross into your property from a neighbour’s property or a public road. Consider Trimming Just the Offending Branches. an upward deflection of the brick wall, and internal wall cracking. However, If any branch or root from a neighbouring tree does cause damage to your property you have a strong case for damages. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. Overhanging branches can drop leaves into your gutters, block light, or prevent your own trees and plants from growing. Don’t worry we won’t send you spam or share your email address with anyone. Regardless of what kind of relationship you have with your neighbors, whether they are your Friday night poker buddies or someone you avoid like the plague, when you’ve determined that a tree that is placing your property at risk for damage is on their property, your best option is to sit down and discuss the issue thoroughly. They do not usually cause the initial damage to the drain and will only enter drains which are already damaged and leaking. It will take only 2 minutes to fill in. 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. Read on for important insights into how to handle the issue without causing a neighborhood feud. Get an estimate from a tree service, like WA Tree Experts, about how much removing or trimming the tree would cost, as well as a quote from a Realtor about the impact the tree is having on your properties. If you live in a conservation area, or the trees in the hedge are protected by a ‘tree preservation order’, you might need your council’s permission to trim them. Duty of care. If your neighbor staunchly refuses to trim or remove a dead or dying tree that poses a threat to your property, and nothing else has worked, you should hire an attorney and work with this professional to resolve the issue. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. Good fences, they say, make good neighbours - although with some neighbours, the higher the better. A neighbour’s tree causing damage to your property can be a source of conflict. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. 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. If your action results in the tree damaging property or injuring someone, the property owner or the person hurt may claim damages from you. Usually this… The tree fell and damaged the fence, a snowmobile trailer and a … Mr and Mrs Khan owned a property in Stanmore, Middlesex. Removing the tree roots up to the boundary line is a reasonable course of action. Check local statutes and ordinances, as well as with your homeowner’s insurance carrier, before taking action. If the tree was well maintained and a storm causes a tree limb to crash into a neighbor's roof, the tree owner is not responsible. Tree Branches & Roots: A Fact Sheet My neighbour’s tree has branches that are overhanging or roots that are encroaching onto my property. 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. 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. This is another good reason, if you intend to remove a lot of tree roots or very large tree roots, or if the roots are deeply rooted, for employing a tree surgeon or arborist to carry out the work for you. You can only trim up to the property … This is true, even if the tree or hedge is growing into your property boundaries. But what you can do is express concern that his or her tree is at risk of damaging your property the next time a big storm rolls around. Don’t include personal or financial information like your National Insurance number or credit card details. The tree was 99% on our property but the trunk did protrude slightly onto the neighbours 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. We use cookies to collect information about how you use GOV.UK. Given that mature hardwood trees can add $5,000 or more to a home’s value, this is not a risk to take lightly. 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. Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. Moreover, whether or not damage to property is attributable to encroaching tree roots may be difficult to prove. 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. But it doesn’t work like that.” 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. However, sometimes large branches can fall and do damage to property, especially if the tree is in poor condition. Legally you should return them. It’s always going to … We’ll send you a link to a feedback form. Claims for damage resulting from tree roots are brought in nuisance rather than trespass, even though the tree roots will be encroaching on the neighbouring land. 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. Your liability exists even if a so-called “act of God” causes the tree … Understanding UK law relating to trees can help everyone grasp the rights and responsibilities of tree ownership. 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. You can change your cookie settings at any time. The best solution will usually be to repair the drain rather than fell the tree. You must try to settle a dispute about a high hedge informally before the council can intervene. To get local council intervention, you need an arborist to provide a written report saying the tree is … 2.42 In Cacopardo v Woolcock, 42 the affected neighbours noticed problems with the plumbing in their main bathroom. Janet owned a Lombardi Poplar tree that was 60 feet tall and was situate 5 feet from the boundary fence. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. My neighbour’s tree has branches that are overhanging or roots that are encroaching onto my property. You can only trim up to the property boundary. Johnson purchased the house about six years ago and shortly afterward became concerned about the root structure of his neighbour's giant tree. As trees grow, encroaching roots and overhanging branches can extend beyond the legal boundary into neighbouring property, sometimes causing inconvenience, damage or even injury. On November 30, 1991, Janet’s tree snapped off in a wind storm. If a tree owner allows the tree to grow so that it uproots a fence, it would be considered an encroachment onto the adjacent property. Your neighbor may agree to … Tree roots can cause problems by blocking drains. Trees add structure and drama to a garden but their size and potential to cause nuisance or damage means they can sometimes be a worry. 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. Therefore, if drains are watertight, roots should not normally affect them. The hope is that you and your neighbor can work things out yourselves. We use this information to make the website work as well as possible and improve government services. Ask your council for a complaint form if the hedge is all of these: You might have to pay the council a fee to consider your complaint. You need to be very careful here. Doing it without the owner’s permission can be a legally and financially risky proposition. Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. 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 roots have been damaging my concrete driveway and the foundation of my house. If you do more than this, your neighbour could take you to court for damaging their property. The Local Government Act 1995 (WA) gives councils the power to take action against property owners in the area whose trees are unsafe to nearby people or property. Background. What can I do to try to resolve the problem? He’s owned the building for 10 years and the tree he’s referring to is 40 years old. Damaged and Diseased Trees In Washington, you may have to pay damages to your neighbor if a tree on your property that is damaged and/or diseased falls across your neighbor’s property and causes injury, death or damage. No drastic action, like removing the tree, was necessary and Crewe failed in his application. Repairing damage caused by a neighbour's tree can be costly. If your drains are blocked by roots you will need a drainage company to assist. Disputes about what is the exact boundary between 2 properties can be difficult to solve so get legal advice. You can contact your Council to find this out. A big tree on the condo’s property has roots encroaching onto my property. Exam­ples of dam­age or dan­ger to the affect­ed prop­er­ty include: Over­grown roots which may be break­ing paths or block­ing pipes In most states, if a tree falls during a severe storm and damages another property, the tree's owner isn't liable. 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. 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. 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! What can I do?A First, it is important to establish that the tree grows fully on your A neighbour’s tree causing damage to your property can be a source of conflict. 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. It’s on her side of the property, but its roots extend into my yard underground. The recent case of Khan & Harrow Council & Another [2013] (Ramsey J handed down his judgment on 3 September 2013), which concerned damage caused to a property by tree roots, considered when a person will be liable for damage caused by roots from trees on their land. There’s a real sadness that comes with realizing a tree that has shaded and beautified your property for many years is infected, infested, or otherwise at risk of crashing down. It is definitely doing damage to my front wall and garage. Your neighbour is responsible for maintaining their hedges so they do not, for example, damage your property or grow too high. The large trees my neighbours have planted will overshadow/block views from our property. Other damage like roots cracking pipes, foundations or pathways is usually covered under property law. A week later, Mark and the neighbors signed an agreement that they would hire the tree expert to cut down the leaning tree, chop up the fallen branch and clean the debris for $2,000. Roots can damage foundations, block drains or lift brick paving. A lot of people call us and say, hey, this tree fell from my neighbors house into our yard, and I want you to give us an estimate and we’ll give it to them. It’s important to try to maintain good relationships with your neighbours, so it’s always best to first talk to them about Show Your Neighbor the Liability They’re Incurring. The Royal Institution of Chartered Surveyors (RICS) has free advice on boundary disputes and party walls (the walls you share with your neighbours). Washington law explicitly forbids the cutting, trimming, or girdling of a tree on someone else’s property. Domestic tree owners defending tree root subsidence claims commonly argue that they are not liable because the damage was not reasonably foreseeable to them – i.e. If you refuse, they can go into your property without your permission to do the work themselves. It’s likely your neighbour is liable for the damages. Background. Duty of neighbours in tree root subsidence cases. what are your rights? What can I do if my drains are blocked by tree roots? You are allowed, under law, to trim any branches that cross the property line, particularly if they are dead or threatening your property. what are your rights? We sent a certified letter letting the owner know about the problem. 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