My Rights Regarding my Neighbour's Trees? Q. What are my rights about my neighbours very tall fir tree which is only about 5 yards from my property?
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The tree was already existing before my property was built. Please help as it might damage my property.(Ms Gloria Wright, 1. September 2. 00. 8)A.
You don’t say where the problem lies here in terms of the potential damage it may cause to your property. However, if any of the tree's branches are overhanging Into your property, it is within your rights to cut these branches off, even if your neighbour has told you that he doesn’t want you to do so. It doesn't matter if the tree was there before your property was built.
The important thing here is to establish your property's boundary lines, which will be contained within the deeds to your property or by contacting the Land Registry office. There are two provisos here, however: Firstly, you must ensure that the tree in question is not protected by a tree preservation order. These orders are granted by your local authority’s environment department and make it illegal to fell, uproot, prune or lop off any part of a protected tree without the express consent of the local authority. Should you do that without permission and the tree was protected by a preservation order, you could be liable to a fine of up to . Recoup costs from neighbour. If the problem you’re experiencing lies within the tree’s roots, you are also entitled to remove any roots which are invading your property. If they are very deep, you could decide to get a professional to come in and remove them for you, and then recoup your costs by claiming on the tree owner’s household insurance policy.
What your neighbour is NOT liable for. One of the important things to remember is that your neighbour would not be liable for any damage caused to your property with respect to any fallen leaves that might damage your lawn, block your drains or block your gutters, nor can he be held responsible for any trips or slips caused by wet leaves on your driveway. With a fir tree that doesn’t shed its leaves, however, this won’t present a problem, but it’s worth bearing in mind for those who may have similar problems with other types of trees owned by neighbours. In other words, apart from overhanging branches and potentially damaging roots, there are other legitimate reasons why you may seek to cut down part of neighbour’s tree which is encroaching upon your property or in danger of causing other damage to it. The best suggestion is to have another chat with your neighbour and try to resolve the issue amicably. You may need to explain to him that you know your rights, and should they physically try to prevent you from removing parts of their tree which is on your property, then seek further advice from your local environment department. There is a full Action Guide here which is a great reference point for further advice.
You might also like.. Your Question: A neighbour at the end of my garden has cut down a fur tree which has left all the cones in my garden can I throw them back and what if he throws them back. Our Response: No, don't throw them back, just put them in your usual green waste. In general you don't need to carry out additional . There is action you can take with regards to high hedges but yes, unfortunately you do have to pay for this. See our guide here. Problem. Neighbours - 2.
Jul- 1. 7 @ 1. 1: 0. AM. Leylandi next doors drive way.
It's roots are already making the council path outside wobbly with it's roots going underneath, both I & the neighbour the other side have asked if it could be pruned but they refuse? It's foliage is also blocking the other neighbours solar panels.
Can we legally insist it's either pruned dramatically or removed? Our Response: No, you can't insist on them removing the tree. If you have evidence (provided by an expert) that the tree is likely to do damage to your property, you must make them aware of this; if any damage then occurs the tree owner will be liable for the damage. As neighbours, you are entitled to cut back any branches that overhang your side of the boundary. Your neighbour (the tree owner) does not have to pay for this. The same applies to your other neighbour with the solar panels..
The roots of an already established tree are unlikely to damage drains or foundations of nearby properties and the path is of course the council's responsibility to investigate. It's roots are already making the council path outside wobbly with it's roots going underneath, both I & the neighbour the other side have asked if it could be pruned but they refuse? It's foliage is also blocking the other neighbours solar panels. This won't solve the problem of the roots, about which there isn't a great deal you can do unless you ca prove that they are dangerous/damaging. They were planted by previous owners of my house and are on my side of the boundary.
I wanted to have them removed as they are an eyesore and I am wanting to get the driveway re- done which would include putting something else in place of the trees. My neighbours have objected as they like the privacy and have said that a structural engineer has told them that the trees that have damaged their wall but that if they are removed it will damage it further as the roots are running through it and I would be liable for that. I don't want to fall out with anyone.
Please advise! Our Response: Get your own surveyor to have a look, it sounds unlikely that root damage would be made worse if the trees were removed. The neighbour's privacy isn't your responsibility either. They were planted by previous owners of my house and are on my side of the boundary. I wanted to have them removed as they are an eyesore and I am wanting to get the driveway re- done which would include putting something else in place of the trees. My neighbours have objected as they like the privacy and have said that a structural engineer has told them that the trees that have damaged their wall but that if they are removed it will damage it further as the roots are running through it and I would be liable for that. I don't want to fall out with anyone. Please advise! A neighbour has the right to cut back any roots and overhanging branches as far as the boundary if they are causing problems (the owner doesn't have to pay for this).
It's extremeley unlikely this claim will succeed - speak to a solicitor for advice. She refuses to cut them. What can we do? I did ask the estate agent over 1. The landlord contacted my husband and asked if we could get a quote for him, which we did. The landlord was surprised at the estimate thinking it was too high so my husband gave him the contact details of the particular tree surgeon and left it with him. The tree is too large for us to tackle and in our opinion needs to be done by a professional. In my front garden I have a fence along the side of my paved blocked driveway.
In my neighbors firing garden they have 3 small (ish) trees growing from seedling so they have not been deliberately planted. These trees as they are growing the girth of the tree is breaking my fence (which is my responsibility) but as I will take the fence down I will not be able to put it back up in the same place. Do I have the right to get them cut down or what other solutions are there without me losing land? Our Response: You can cut any growth that's on your side of the boundary and also cut back any roots that are on your side. That might help you re- construct your fence but it's likely to get damaged again.
Talk to you neighbours about the trees and the future of the fence. Between you, hopefully you can come to some solution. In my front garden I have a fence along the side of my paved blocked driveway. In my neighbors firing garden they have 3 small (ish) trees growing from seedling so they have not been deliberately planted. These trees as they are growing the girth of the tree is breaking my fence (which is my responsibility) but as I will take the fence down I will not be able to put it back up in the same place. Do I have the right to get them cut down or what other solutions are there without me losing land?
My neighbours daughter moved a few houses up from them. She had conifers in her front garden anyway my neighbour helped cut them down and took them away. I know it's from them but I can't prove it. What can I do? Should I mover them onto the back of my neighbours property it was after all them who put it in my garden! Our Response: No, as you say, you can't prove it was them. Why provoke an argument unnecessarily. If you're clearing the area anyway, just clear them as well.
If necessary you could mention it to your neighbour that it's taken longer to clear because other people seem to have been using it dump their garden waste ; -0. Problem. Neighbours - 2- Mar- 1.
AMDiynut - Your Question: I need to prune the overhanging branches of my neighbours tree. My neighbour insists this must be done by a qualified tree surgeon. Must I comply with her demand, or is it legal to get it done privately without a cert? Our Response: There's nothing so specific in the common law regarding cutting back overhanging branches unfortunately. The two things to consider are: (1) the tree is the property of your neighbour, so if it's damaged or compromised in any way by amateur pruning then you can be held responsible. We're afraid you're going to have to use your own judgement bearing the above scenarios in mind. Must I comply with her demand, or is it legal to get it done privatelywithout a cert?
She had conifers in her front garden anyway my neighbour helped cut them down and took them away.. I know it's from them but I can't prove it. What can I do? Should I mover them onto the back of my neighbours property it was after all them who put it in my garden! This had to be felled as it was rotten (old & well established) and we put the cut logs over the wall into the, not maintained or used, graveyard; we have now been fined . Do we have cause to appeal against this fine?
Tips on how to deal and dealing with noisy neighbours. How to deal with noisy neighbours.
Boom boom boom boom, and no it’s not the John Lee Hooker masterpiece, it’s the irritating noise nuisance neighbours sounds that vibrate through the walls, those carrying bass sounds. Noise pollution is one of those laws, or regulations that seem to have large parameters depending upon when and what type of nuisance takes place, variance from different city’s and counties. I do enjoy my peaceful times with only thoughts and the PC cooling fan to contend with! My noise pollution appears live on stage with as much energy as I can fit into each song, maybe that’s why many musicians like the quiet life, putting so much effort into inspiring performances needs to be complimented with a nice peaceful environment?
Do or have you suffered with noisy neighbours? The law states; DIY. Shouting and arguing. Vehicle work. Dogs barking. Bass sounds. And other issues, let commonsense prevail here. Any of those noise pollution issues can be tackled, but the agencies do recommend we should try solving it ourselves. Solving it oneself can give lots of people another problem as they might not like confrontation, no one in a sane mind should enjoy confrontation – so does that leave our politicians insane!
Timing. So do you go round when a party is in full swing, I guess not, do you go round when they have a hangover, definitely not, do you wait for them setting off to work – if they do – or upon the return from work do you pounce on them as soon as they appear. I think it is a really tough decision, for those of us who enjoy writing, well I would prefer putting a letter in the post and keeping it polite just mention that on numerous occasions you have tried to talk with them but just keep missing them? Usually a law states noise pollution as between the hours of 2.
I can never understand why folks get home and then put that music on so loud and irritating. Something what can be done, talk with other neighbours and see what they can advise or even they might join you in confronting the nuisances?
Don’t get some loud music equipment and take them on! At the end of the day they just might not realise just how annoying they have been?
If you do have problems; Staying calm go round and see them. First signs of conflict show your palms about shoulder height and leave. Make a note of what happened as soon as you get back, you could in fact record it on your mobile voice recorder but keep the phone in a top pocket. Call your appropriate environment agency. As a last resort you can call the police at any time but this really will add to the strain that would be arising. Still problems. Unfortunately and in so many cases that can be read and watched – certainly in the UK.
Neighbours do take it into there own hands, mainly due to the lack of help from the various agencies, maybe lack of help is the wrong terminology but unable to help through lack of being able to gather the evidence, as it can sometimes just never be known when the nuisance start, and its stopped by the time enforcement folks arrive. Setting up your own video, camera and sound recording equipment could get you the evidence required but at what cost to purchase this equipment? Is it a vicious cycle that they just don’t or can’t understand? Video them. The technology of camcorders and batteries now means you can get a very long recording time; this could well be helpful if you need to gather your evidence over a longer period of time without being able to change the battery. Some of these appliances are very small and would be suitable. Take a photo. A camera is ideal if you need to carry it around with you, you might have your camcorder set up at home.