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Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. You can only trim up to the property boundary. We watch, knowing someday one will fall and crush our home . I was told by the landscapers that I had better send the owner of that property a letter informing them of what happened and that. Send your questions to propertydoctors@telegraph.co.uk Q My next-door neighbour has a 20ft-wide lawn which borders the front of my house. Never tackle the work alone. Duty of care. Damage to houses (your own or your neighbour's) caused by falling trees and branches is generally covered by home insurance policies as standard, but check the wording of your cover for any exclusions. No argument, but how do I or local political people contact the house address next door to tell them to stop the problem of littering my sides of the address property with empty plastic food snack packages, empty plastic store shopping bags, sport balls, and over hanging tree branches into my yard house address property. Every autumn the tree sheds lots of berries which fall predominantly onto the public pavement and my parking area, and therefore onto my cars. She had a Nasty attitude. I am disabled, on benefit, female and 64 years old. I want to plant in that space. The owners of trees have a legal duty of care to make sure that their trees do not pose a danger to neighbours or their property. 70 feet high) and the trunk has grown so that it is now pushing against the boundary fence, with large branches hanging over the roof of our building. Removing the tree roots up to the boundary line is a reasonable course of action. Many thanks. How do I go about the letter. I live am am owner occupier of a house. I am keen to resolve this amicably; we are after all neighbours! The tree has grown to the point were it has uplifted the fence. UK and EU agree historic Brexit trade deal ; ... Neighbour’s tree caused damage ... you can do what you like to the trees on your property. House owner About 3 or 4 months ago in 2019, I begin to see the tree branches from the house next door extending their growth into my sides of the house property yard. I am writing in relation to concerns I have about a potential threat to health and safety posed by trees on your property. Q My next-door neighbour has a 20ft-wide lawn which borders the front of my house. What Can I do About My Problem Neighbour? The fence is bowed and has split open, I have it held back with boards and metal stakes. So I wonder if there is any fund that can help us or do the RICS or similar body have a charity or NGO who support such work? If you were to do that, your neighbour may very well bring an action against you for trespass and damage. As trees grow, encroaching roots and overhanging branches can extend beyond the legal boundary into neighbouring property, sometimes causing inconvenience, damage or even injury. Both letters ignored with no response or acknowledgement. Most trees growing near buildings cause no damage. There has been no action on this for 6 weeks. 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. The tree therefore is a nuisance to me, but not to him. I live at [address], next door. Thank you. TIA, My neighbours trees branches r falling and my fence r braking, 8-31-2019 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 … Root damage can lead to soil drying out and therefore possibly affecting the foundation of a … Wood Burning Stove: Can Neighbour Object? But in some cases, subsidence and structural damage can be linked to tree roots. What Can we do About a Neighbour's CCTV Camera? What You Can Do, Contacting Your MP About a Neighbourhood Problem, Landlord Repairs: The Role of Environmental Health, When you Should Contact your Local Environmental Health Department, Who to Contact when in Rented Accommodation. It’s likely your neighbour is liable for the damages. Confronting him would only be possible if I had backing. I’ve wrote to her twice over 2 years requesting they are pruned down or removed. Please review our, You need to be a subscriber to join the conversation. The Telegraph values your comments but kindly requests all posts are on topic, constructive and respectful. There have been incidences of her trees falling in our yards with us being responsible. house surrounded by large trees. Problems With Drains: Who is Responsible for What? To all who post on this website, I wish to inform everyone who posts that the people who are running this website are not who they make out to be. At what point does this tree constitute a legal nuisance? As such, you cannot charge a neighbor for the removal of the tree roots that are causing property damage. You can cut them yourself but you must try to limit the amount of damage to the tree, which can be difficult to do. Neighbour Guide: Wood Burning Stoves and Chimineas, Noisy Flat Above is There Anyting We Can Do. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else’s home, is a nuisance. I have a neighbors conifer hedge that is approx 12 to 14 feet high , is there a limit on height ? I’m disparate to resolve this situation as soon as possible so I can move forward. Understanding the factors involved in tree damage to buildings, including soil type and depth of foundations, will help both tree and house owners determine what action to take and when to get … Crossing property lines or removing part of the tree not on your property could result in a lawsuit. We rely on advertising to help fund our award-winning journalism. Our neighbor has asked a few of us to assist her in paying to have about 12 pine trees removed.She says they are abutter trees, which they are not. How Do I Find Out if Neighbour is a Sex Offender? My neighbour has destroyed my fences (34ft in length) by fly tipping behind the first half and piling soil behind the other half, raising the level of his garden. If the tree is subject to a TPO then you will need the permission of the local authority to cut back any of it and so would your neighbour. Re: How Big a Problem Are Problem Neighbours? My neighbor however is the parish council and the tree is in the village hall car park. The tree roots are part of your property. Danny Revitt, solicitor at the property litigation unit in law firm Irwin Mitchell says: If it a healthy tree that is simply blown down by the wind the neighbours are not liable for the damage. If they do not, it is an interesting question of whether by failing to cut back the tree, the neighbour is guilty of a legal nuisance. I have already spoken with the neighbour, but we don't actually know them as they live in another street with just part of our garden having an adjoining boundary.They stated that the tree was already there when they bought the house a couple of years ago.They said that they had considered pruning it, but I have said that this is not where the main concern lies and that realistically the rate of growth could potentially cause further, considerable damage to our building, given the rate that eucalyptus grow. Trees are a common cause of disagreement between neighbours. Something that can be more problematic is the part of the tree you can't see - the roots … They may however charge any cost of doing so to you, and that is likely to cost more than if you initially carried out the work. Please my house is nearby is next door to an embassy, the tress at the embassy bring a lot of rubbish to my house. He is not approachable for discussion. Of course, a cheaper remedy would simply be for you to go on to your neighbour’s land and have the tree cut back yourself. It’s always going … Many thanks, Hi, I have a huge oak tree approximately 3' from my boundary fence on my neighbors side. environmental health office in the council may also have an interest. They are probably of the same group of those who behave like louts with a setup to catch those who feel that they have reason to protect themselves anonymously. I have read some of your articles which give some good advice,however having informed the responsible parties and no actionis it really at my expense ,damaged tools .legal advice and any serious damage to property that I have to put this situation right? Also, the fence has been pushed so far that my garden boundary is now on his side of the fence. Any ideas would be so welcome. You should check the position with the local authority before you cut back any of the tree yourself. Dear[Neighbour's name]/[If unknown, just address as 'Dear Neighbour']. A tree that poses a danger to your property, or one that inhibits your ability to enjoy your property, may actually constitute a violation of local ordinances or codes. And rocks have taken over the whole side of our property.Again any help will be greatly appreciated.We live in Utah. Is there a law for old diseases trees. One of the trees was completely dead and needs to be taken down. I am particularly concerned about this/these tree(s) because: [select appropriate]. I had to pay landscapers to clean up all those trees including the section from my Cherry tree, and replace the three sections of my fence. My survey was spot on. one can see that the grounds of this house are a blot on the landscape in Return your email answer to this house address problem. I have talked to her about her hedges that are also over grown in my yard. The people who run this website has a distorted mindset or so it seems as this way of thinking is misplaced sense of justice. that it is obviously an untended overgrown garden. They are dangerous and could do damage with a good storm. Hi, I have a huge oak tree approximately 3' from my boundary fence on my neighbors side. I went to city hall and found out who the owner of the lot was and using the above template to go by sent a letter to the owner by Certified Mail. I do not want a confrontation with the lady, as she is an old hand at dealing with personal complaints. roots causing damage to your property. Let’s find out… This is a situation which needs to be tackled quickly. When you can trim hedges or trees You can trim branches or roots that cross into your property from a neighbour’s property or a public road. The owner is a lady in her seventies living on her own, she has other My neighbor planted shrubs on my property. 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. vegetation. What is the Antisocial Behaviour Act 2003? DO NOT TRUST THIS WEBSITE. However they say they have got really bad and want us to do it. She is adequately funded Others have suggested that the The fly tipped rubbish has been removed (not by him!) Similarly, and of greater concern, throughout the year bird excrement falls onto my vehicles rather than his, which are on the other side of the lawn, away from the tree. Check what to do if you think a hedge is too high on GOV.UK. Your Rights on Trees & Overhanging Branches, Your Rights Under Noise & Statutory Nuisance Act 1993, Your Rights Under the Access to Neighbouring Land Act 1992, Your Rights Under the Crime and Disorder Act 1998, Your Rights Under the Criminal Justice & Police Act 2001, Your Rights Under the Environmental Protection Act 1990, Your Rights Under the Freedom of Information Act 2000, Your Rights Under the Human Rights Act 1998, Your Rights Under the Local Government Act 2000, Your Rights Under the Party Wall Act 1996, Your Rights Under the Protection From Harassment Act 1997, Applying for an Anti-Social Behaviour Order, Hints and Tips on Dealing With Troublesome Neighbours, How To Diarise Nuisance Behaviour Efficiently, How to Tackle the Youths Gathering Outside your House, Letter Template: Neighbour Blocking Shared Access Way, Letter Template: Neighbour Blocking Your Driveway, Letter Template: Neighbour's Children & Ball Games. Thank you. How Big a Problem Are Problem Neighbours? If a branch from a tree hangs over the property line in such a way that causes injury or damage to the neighbour, the owner of the tree is legally responsible for the damage or injury. The only problem with that is that we need to have a professional survey completed that will cost a thousand pounds. Please my house is nearby is next door to an embassy, the tress at the embassy bring a lot of rubbish to my house. Thank you, my neighbor has a huge elm tree that is dead it's branches are hanging over that if it fell it would crush my home I spoke to him two weeks ago and haven't heard anything I'm pretty scared I don't have money to trim the limbs. I have marked it with a string line and they have gotten a survey as well. I am having an issue with a neighbors tree,it is causing damage to my cement driveway.There are 3 trees total at the edge of the road beside my property causing vision problems while entering the road.I am not sure what I need to do as this is an elderly owner and I have spoken with her son n law to be avail. But as pensioners that is more than we can afford. What are the chances if enough people signed a petition to have this law changed, so that people are held responsible for their overgrown trees and shrubs and it not left to the long suffering neighbours? How would you suggest I proceed? If I have more damage from those trees falling or any others as there are many what are my rights? Planning a Party: Respecting Your Neighbours, Establishing Rights Over Fences & Boundaries, Legal Aid Cuts Make Fighting Disputes More Expensive. Thank you for reading. How do i go about the letter. Can anyone offer advice, please? Your neighbour’s kid accidentally smashed your window with a cricket ball. In theory he might be, but any litigation would be very expensive and the outcome necessarily uncertain. Clearly I do not have the ability or the money to deal with this. which must have been at most a 6ft bush in 1986 is now a tree taller than our house. branches or fruit dropping into your yard. If you suddenly discovered that your neighbor's tree had fallen onto your property, you probably asked yourself what caused the tree to fall, who is going to clean it up and who has to pay for the damage. Thanks for any info. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. a lot of people with her attitude. A. Also every so regularly I would see empty plastic food snack packages enter my front yard that looks like they dropped in my front yard from the house address next door. The boughs don't significantly overhang my driveway. The littering address house next door, 10122 Towne Ave., Los Angeles,CA90003. The roots damage the neighbor’s driveway; The tree blocks the otherwise beautiful view; The tree is too tall according to local ordinances; The tree is dripping sap on the neighbor’s car; The tree is ugly, dead and rotting; The person should make sure to spell the neighbor’s name correctly. She told us not her insurance. I would to write to them if they can cut down the trees to prevent the flowers from falling to my house. He should get it cut anually. Own a Driveway But Park on Road: What's the Law? 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. We have conifers in our garden that have been there for 20 years plus. Neighbours on Here are ways to ease the conflict, as suggested by mediators. Yet another problem you may have is that it is possible that the tree is subject to a tree preservation order. As of today the letter was undeliverable ....where do I stand if doesn't get delivered or picked up and is returned to me? The short answer: Tap your own coverage. property from which she receives a rental income. These people are actually bullies who are probably harvesting your details when you post and so obviously not to be trusted. I would therefore be grateful if you could obtain a tree survey and if this shows it is potentially dangerous, to arrange for removal or pruning of the tree. A holly They are double the height of my house. Liability for damage caused by tree roots Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. Other neighbours tell me they have complained and I feel we would be dismissed out of hand if we approached the rental agents. 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