2d 730.] If a neighbor’s tree has branches hanging over your property, your neighbor is liable for any damage caused if those branches fall. [Smith-Chavez, et al., Cal.Dec 15, 2020
California Civil Code section 3346 considers the encroachment of branches and roots onto your property to be a nuisance. You are allowed to trim the tree on your land in a way that the tree is not damaged. … That means determining the value of the tree which can easily be more than $10,000.
The person who owns the land (your neighbour) on which the tree grows i.e. where the base of the tree is, owns the tree and is responsible for it, but is not necessarily responsible for felling the tree or pruning branches that overhang their neighbours’ (your) property, even if these are seen to be causing a problem.
You have a common law right to cut back tree branches that overhang onto your property. … The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.
Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don’t like the way it looks, it’s up to you whether you do the work.
You can toss the branches back into your neighbor’s yard if it is from their tree, or you can trim your neighbor’s tree for them. Contact your Homeowner’s Association if the problem persists. Your neighbor most likely wants to keep his yard nice, which is great.
Under common law, a person may cut back any branch (or root) from a neighbour’s tree that overhangs or encroaches onto their property. … you must not trespass onto the land on which the trees are growing. branches or roots must not be cut back beyond the boundary in anticipation of them overhanging.
You are the one to pay for the trimming of a neighbour’s tree overhanging into your property. According to Victoria guidelines, you will pay for any maintenance costs. You will also be responsible for any damages caused to your neighbour’s tree during the maintenance work.
The Seven Year Rule
So for example, if you complain to the local planning authority about your neighbour doing something on their land that you don’t like, if they’ve been doing it for seven years or more you might not have any luck stopping it.
Ironically, even though the branches belong to your neighbour, you cannot simply throw them back over his fence. That could be deemed to be fly tipping of garden waste. Advise your neighbour that you intend to burn them or take them to a recycling centre.
Yes. The basic rule is that someone who cuts down, removes, or hurts a tree without permission owes the tree’s owner money to compensate for the harm done. You can sue to enforce that right, but you probably won’t have to, once you tell your neighbor what the law is.
State law provides that the owner of a tree whose branches overhang an adjoining landowner’s property is liable for damages caused by the overhanging branches. Therefore, if your neighbor’s tree drops a branch and causes injury to a vehicle, person, or structure, they are liable to you for the damages caused.
Can I Sue My Neighbor Over Damage Caused by a Tree? Ultimately, the answer is no, you can’t sue or force your neighbor to act. However, you have the right to trim back the trees or vegetation whose branches or roots are causing a problem, at your own expense.
The answer: Fence ownership is determined by where your fence lays on the property line. If your fence is right on the property line between your neighbor’s property and your property, neither you nor your neighbor owns a side; it’s a shared fence responsibility.
If it belongs to your neighbour, they are entirely within their rights to do whatever they wish with said fence. If, however, you are the fence owner, then nobody aside from yourself has the right to do anything whatsoever to your fence without your permission.
If you know where the boundary is and you don’t need to follow the process for party walls, the best approach is to talk to your neighbour. Talk to them face to face if you can – make a note of what you agreed. If you don’t feel comfortable speaking to them, write to them or ask someone to contact them for you.
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. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.
Please note that there is not a blanket rule that all hedges must be no more than two metres in height. The complaint form explains why you consider the hedge is adversely affecting the reasonable enjoyment of your residential property.
There are no laws on how high the hedge can be grown but a council can take action if it is affecting someones reasonable enjoyment of their property, so maintaining your Leylandii hedge well from the start is recommended. … hedges of two or more evergreen or mostly evergreen trees, not to individual trees.
Penalties associated with cutting down trees
But you may wonder if it is required to take permission to cut down a tree in your premises. The answer is ‘yes’, because, according to this Act, the penalty for cutting down a tree is Rs. 10,000 or 3 months imprisonment.
When a tree falls over onto a neighbor’s property, that neighbor should submit a claim to his or her insurance company immediately. The insurance company is usually responsible for taking care of the damages. This is true if the tree fell over due to an act of nature.
Your home insurance generally won’t cover any damage caused by branches or trees that fell and caused damage as a result of trimming, pruning or tree lopping. If you hired a professional to do the job, they may be liable for the damage.
In California, two people whose properties border each other are both required to maintain an existing fence between the properties, with only a few exceptions. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence.
You cannot force him to do so as there is nothing in the law that would compel him. Boundaries don’t have to be fenced, unless there is something in your deeds that specifically says otherwise. If the neighbour refuses to agree, you could erect a new fence alongside your neighbour’s fence – even touching it.
The short answer to this question is, of course, “no”. If you own the fence and you have not granted your neighbour permission to do so, they are not allowed to attach or nail things to your fence.
Can A Neighbour Attach A Gate Or Post To My House, Garage, Wall Or Fence? A neighbour can only screw into your wall, house or garage if you give them permission when installing a gate! If the wall is a party wall and owned by both sides then a neighbour can screw fixings into the wall.
Property Rights: My Neighbor is a Nuisance
If a neighbor’s actions continuously interfere with your enjoyment of your property, you can sue to put an end to the behavior. This article explains the law of nuisance and what you can do to stop a neighborhood nuisance.
hedges are not required to be limited to a height of two metres. permission is not required to grow a hedge over two metres high. action may not be taken when a hedge grows over two metres high. your neighbour may not be ordered to reduce the height of their hedge.
Can I cut off overhanging branches? Yes, provided it is done without trespassing onto the other person’s property. It is also permissible to climb into the tree to undertake the work, again so long as it does not require going into the neighbour’s garden/land.
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