The 6 Property Maintenance Responsibilities of Landlords, How to Calculate the Fair Market Rent for Your Unit, How Landlords Can Prepare for a Winter Storm, Landlords Have to Watch Their Steps to Avoid Breaking the Law, Here Are Some Ways You Can Prepare Your Property for a Hurricane, Cleaning Up After a Loss May Cost More Than You Think. Branches of the neighbor’s tree hang in my yard. Situation 3. Even if the tree trunk is on your neighbor’s property, you have the responsibility for cutting any branches that extend onto your property line. … If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. When you purchase a home, you are usually required to get a property survey. If any limbs extend over the property line, they fall into that neighbor’s jurisdiction. The same is true for roots that creep onto your neighbor's property. The first thing you will need to do is check whether the tree is protected or subject to an environmental overlay. 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. The act of pruning trees on neighbouring private property affects private property rights and is a civil issue between private property owners. If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree. For example, your neighbor has the legal right to trim branches of your tree if they hang over the property line. You must also check the law in your state, county or city to determine if different rules may apply to you. 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. Depending on where you live, if you cut down your neighbor’s tree it could be considered trespassing. The base of the trunk is on his side of the fence, but the top branches are hanging over my roof and scraping the shingles. If the tree in question is dead/dying or has dead branches that could be hazardous, Urban Forestry can investigate. You have the legal right to trim tree branches up to the property line. The property next-door has maple tree that is growing between our houses. The following are general rules regarding overhanging tree branches. Otherwise, a permit would be required to injure or destroy the tree. If you do not have an existing property survey, or are unable to tell with the existing survey you have, you may have to have a new survey done and have the surveyor physically mark out the boundaries of your property. You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. Who Is Responsible for Maintaining the Tree? The first thing you need to know is that where the roots are, the rights are. If your neighbor is excessive in his pruning and harms or kills the tree, he can be legally held liable for the replacement cost of the tree. I wouldn't mount a legal battle against your neighbour. You may not go onto the neighbor's property or destroy the tree. A qualified tree expert should always be retained to carry out tree pruning. Even though this may not be a problem initially, it could become a problem if the branches on your side of the property line need trimming for safety issues, are diseased or if … - he left a note on my car overnight stating - "it is my right to trim tree branches that overhang into my yard, therefore I am having them cut tomorrow." Don’t Cut Down the Tree. You must look for any weak or damaged branches. decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. You can also be guilty of trespass if you cut down or trim trees belonging to your neighbor even if you do so by mistake. If a complaint is filed with the town, the town may require you to remove the tree, or they may even come to remove it themselves. In the 2012 case of Rony v Costa, a property owner hired an unlicensed day laborer to trim limbs that crossed his property line from a neighboring tree. Who Is Responsible for Cutting Overhanging Tree Branches, How to Tell if a Tree Is on Your Property. Contact List - ML&S - 1 - Investigation Services, You cannot trespass onto your neighbour's property, You cannot damage your neighbour's property (in this case a tree); and, You have the right to maintain your property in a safe condition. If you want to trim overhanging branches of your neighbor’s tree, it is always best to ask for permission out of respect, even though you don’t really need it. You must each take care not to take any actions that will damage the tree as a whole, such as digging up the roots or putting down dangerous chemicals that could kill the tree. These ordinances allow you to sue your neighbor to force your neighbor to remove a tree (or the branches of a tree) that is blocking your scenic view. Even though a tree may be planted by your neighbors well within their property lines, over time as that tree grows, the branches can extend beyond their property line and into your yard. There are some things to consider if you have a problem with a tree on a shared property line: Where a tree on private property is protected under the provisions of the Private Tree Bylaw, pruning of the tree is permitted provided the pruning is in accordance with good arboricultural standards. An individual is only allowed to trim a neighbor’s tree up to the property line. What Duties and Responsibilities of Real Estate Broker? I asked them then to trim the tree in question, but they refused saying that it was the neighbor's tree … responsibility for cutting any branches that extend onto your property line Offer to trim the tree branches so they don't become a nuisance to him. If limbs or branches belonging to a neighbor's tree extend over your property line, you are legally allowed to trim the areas hanging over … You can contact your Council to find this out. The trees whose tree trunks are within your property line are considered to be part of your property, and therefore, your responsibility. You can't make them pay for it though. If your neighbour owns an evergreen hedge close to your property you can make a formal complaint to your Local Planning Authority (LPA) under the High Hedges legislation as set out in Part 8 of the Antisocial Behaviour Act 2003. If any portion of a tree that was a known hazard falls and damages your neighbor’s property, you will likely be responsible. Except the trees were the unlucky cabin campers. Common law sides with your neighbor in every state. Tree disputes can take many forms, such as trees that fall on a neighbor's property and cause damage or circumstances where a neighbor's tree blocks what would be a scenic or otherwise pleasant view. 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. Can I have the city force my neighbor to cut his dead tree? For more information about the bylaws enforced by the City, please visit http://www.toronto.ca/trees. If a neighbor’s tree is growing too near a public power line, do NOT attempt to trim the tree branches yourself! By law, you have the right to trim branches and limbs that extend past the property line. You do not have to return anything you trim from the neighbour’s tree but you may do so. Using this survey, you will be able to determine which trees fall within your property lines and which ones belong to your neighbors. Don’t grab the axe just yet. If you experience any difficulties contacting a division, please contact 311. If you are unable to reach an agreement with your neighbour and want to determine your legal rights, you should contact a lawyer. Some rare trees can be valued at tens of thousands of dollars. You can cut back anything up to your property line. can't recommend a tree service, but, you are legally allowed to trim tree over-hanging your property. In some cases a neighbor's tree may actually block a view of something unpleasant -- such as a garbage collection site or freeway -- and the cutting down of trees … Disputes over trees, branches, and roots can hopefully be avoided by good communication and cooperation between neighbours. These items are not considered damage. A handful of cities have a “view ordinance,” which states that a scenic view is an important part of a home’s value. To be a good neighbour. Last fall, I had a tree service come to trim back some vines and trees on my own lot. In this case, you may have questions about your rights regarding the portion of the tree that is on your property. 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. Try discussing the problem with your neighbor before trimming yourself. As a general rule you have no legal right to a view which has been obscured by your neighbour’s trees. Your neighbour is a bit of an idiot, if anyone in your yard gets injured because of his fallen fruit, or a branch he will be liable. However, the law only allows tree trimming and tree cutting up to the property line. This survey will show you the boundaries of your property. It may be difficult to determine if it is on your property or on that of your neighbor. Erin Eberlin wrote for The Balance Small Business, covering rental management, tenant acquisition, and property investment. It crosses over into my friend's yard … He may not enter the neighbor’s property to trim or destroy the tree. But if the trimming seriously injures your tree, your neighbor will be liable to you for the damage done. Where a tree on private property is protected under the provisions of the Private Tree Bylaw, pruning of the tree is permitted provided the pruning is in accordance with good arboricultural standards. You must inspect your property for signs of diseased or rotten trees on a consistent basis. Thi … (Note: utilities will usually not cut trees that interfere with your service drop – the line from the pole to your house – as that is the responsibility of the homeowner.) When exercising the right of abatement, take care to comply with any applicable tree or vegetation protection orders. In other words, if a tree trunk is partly on your property, that means you are a part owner of the tree. Contact your local utility company who will take a look and, if need be, trim the tree back for safety. My neighbor is stating that a tree that is on my property is dropping needles and sap onto his property and is threatening to trim the tree from his side of the property line and send me the bill. Leaves from the neighbor’s tree consistently clog my gutters and fill my yard. There are three main points to remember when dealing with trees on adjacent private property: It is therefore best for property owners to come to an agreement between themselves with respect to trees overhanging property lines. Deliberately Harming a Tree In almost every state, a person who intentionally injures someone else's tree is liable to the owner for two or three times the amount of actual monetary loss. If a tree trunk is on your property, you are responsible for maintaining it. Step 3 Ask for the neighbor's consent. You can trim branches or roots that cross into your property from a neighbour’s property or a public road. The law allows tree trimming up to the property line, nothing further. Steps for Handling Tenant Noise Complaints, Definition of an Absentee Landlord and a Tenant's Rights, The Balance Small Business is part of the. According to NOLO, some states have laws on the books that make intentional tree damage a crime that can result in a fine or jail time. Here is how our less than neighborly neighbor decided to tell us that he wanted to trim tree branches from trees in our yard that hung over his residence. You can't march into your neighbor's yard and cut down a tree that isn't yours. In certain cases, there may be a tree that is right on the edge of the property. If you need to cut a fallen tree in your yard, follow these chainsaw safety tips. Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th. Pruning should be done carefully, however. 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. The City of Toronto does not regulate the trimming of trees on private property. 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. As a result of the City's COVID-19 response, some in-person services have been suspended in City buildings and divisional phone line hours may be different from what is indicated. Can I trim them without permission? You will each be responsible for whatever portion of the tree is on your property. What Responsibilities Does a Landlord Have to Their Tenants? Even though the tree trunk is on your neighbor’s property, anything from the tree that falls onto your property is your responsibility. Trimming a neighbour's overhanging branches: Urban Forestry recommends that you discuss this with your neighbour. And if I can cut down my beloved Tree of Whizz-dom to make my neighbour happy, you can cut a branch. 9 Maintenance Tips to Winterize Your Property. Can I trim my neighbor's trees or plants? If you know that you have a tree that overhangs a neighbor's property, approach your neighbor to discuss the matter. You are responsible for making sure any tree on your property is healthy and there are no known hazards. You are responsible for the cost of cutting any branches you choose to trim. level 1 Trees Extending Over Boundaries If there is not a fence or wall separating your property from your neighbor’s property, then you need to make sure before you cut or prune a tree that you know exactly where your property line is. If it is a protected tree or subject to an environmental overlay, you will need to obtain a permit from the Council to cut it back.There can be heavy fines for the unauthorised removal, vandalism or destruction of significant or publicly-owned trees.If there are is no environmental overlay, then t… 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. A tree that is located on the boundary line cannot be removed unless both parties agree to do so. I live in Bellevue, NE and a neighbor of my friend has a dying tree on the property line that is an eyesore and potentially a harzard. Depending on the size and type of the tree, the typical replacement cost can be anywhere from $500 to $3000. She has more than 16 years of experience in real estate. The act of pruning trees on neighbouring private property affects private property rights and is a civil issue between private property owners. Yes. The branches of a neighbor’s tree may hang over onto your property. If your tree or a portion of your tree falls on your neighbor’s property and the tree has obvious signs of disease or rot, or if your neighbor had filed a complaint with the town or with you about the hazard, you may be liable for any damage caused. You can only trim up to the property boundary. 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. For instance, if a tree is in imminent danger of falling on your home, the city has the right to compel your neighbor to trim or cut down the threatening tree or pay a fine. But you may not go onto the neighbor's property or destroy the tree itself. No you can't cut these tree,s down.But if you find that any of the trees is overhanging the boarder line you can cut them back to the line.you can also ask your neighbour if you can take some Hight off them and you are willing to pay for this to be done, if …