Who is responsible for overhanging tree branches

What if my neighbour complains about how the tree looks after I have cut off the branches to the boundary? They do not have any legal recourse but in the interests of good neighbourly relations you might consider options for compromise, such as sharing the cost of a tree surgeon to create a balanced canopy.

In law you would be considered negligent. Sometimes branch removal can lead to tree failure due to disease, a change in the balance of the tree, or different wind loading that causes the tree to blow over. For these reasons it is important to employ a competent tree surgeon or arboriculturist who could minimise risk and would take on the liability for the work check they have public liability insurance prior to engagement of services.

Can I pick and keep the fruit from overhanging branches? No, not without permission from the owner. No, not without their permission. Windfall fruit still belongs to the owner. Fruit fallen from fruiting trees in a public space or on common land is in most cases OK to forage. If in doubt, check to see who owns the land and seek permission first. What about liability for poisonous fruit, seeds or leaves? The tree or hedge owner will be liable for damage caused by fruit, seeds or foliage but only if it overhangs the boundary.

Can I tell my neighbour to come over and sweep up the leaves from their overhanging tree? The owner of a tree is not obliged to clear up fallen leaves. The exception is if damage occurs as a result e. Can I cut off roots growing into my property? You have the same rights and liabilities as for cutting off branches. And prior consent from the local authority is required if the tree has a TPO or is within a Conservation Area.

What if the tree falls over after I cut the roots? As well as rights, you have the same liabilities as for cutting off branches. So for example, if by reason of cutting through your neighbour's tree roots, the tree is weakened and falls over, you would be liable for any damage it causes. Thus it is important to exercise reasonable care before cutting any tree roots and seek professional advice for anything but the most minor work.

Is damage from trees covered by my household insurance? Some insurers will ask how far away trees are from your home, and it's important to check the terms and conditions of your policy to see what the insurer's position is towards trees. 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.

Something that can be more problematic is the part of the tree you can't see - the roots growing under the ground. You'll be asked whether, to the best of your knowledge, the property has ever been affected by subsidence, landslip, heave, or tree root damage. Builders should be aware of existing trees and there are national guidelines that advise on depth of foundations.

Fortunately, modern Building Regulations have better property protection systems in place so cases of tree-related subsidence is very rare on new homes. No, not if you own the land on which the tree grows. Even if it was planted by a previous owner or self-sown, liability for the tree resides with the current landowner. They may be liable in negligence if:. No, only if the trees are growing on Council land. If the tree is on private land then the landowner is responsible.

A Council or Highways Agency may serve notice on the tree owner to require adequate clearance of hedges or trees encroaching onto pavements or roads. If the owner fails to have the work carried out, this may be done by the authority who can then bill the owner. Cable e. What responsibilities do I have with wildlife and trees? The Wildlife and Countryside Act applies, deeming that it is an offence to damage or destroy bat roosts and the nest of any wild bird while it is in use or being built.

Avoid tree work at certain times of year and check old trees for cracks and holes before doing tree work, or draw them to the attention of the tree surgeon before work. There is nothing set down about how often a tree should be inspected. However, if you own a tree and fail to inspect it, you will be considered to be negligent should something happen.

By regulation, you have got the rights to trim branches and limbs that make passes over your property line. However, the law allows for trimming up to the property line and no further.

If you do damage the tree, you could be charged for up to 3 times the fee of the tree. When a tree on your property hangs over the boundary line into another backyard, you have got a duty to deal with all susceptible or damaged branches.

If a weak or damaged branch which you failed to get rid of or keep falls into the adjacent yard and reasons damage to systems, land, human beings or pets, you're legally responsible. On the other hand, you are not accountable for the tree's particles that falls into the backyard next door, which include leaves, acorns, seeds and pods. The neighbor is continually accountable for cleanup of the buildup of those matters.

You have to investigate your own home for signs and symptoms of diseased or rotten trees trunks. You have to search for any weak or damaged branches. If a criticism is filed with the city, the city may also require you to remove the tree, or they will even come to remove it themselves. Although you need to take duty to your tree, you won't realize that tree ownership also offers you positive rights.

Even though your neighbor has a proper to trim returned all branches that increase onto his belongings in order that they are regardless of the assets line, he does not have a proper to come back onto your home to accomplish that except you supply him permission. You also have the right to count on that any upkeep he does on his aspect of the fence does no longer harm or in the end smash the tree.

If you have further questions about trees near your neighbors property line, you want to get branches trimmed up to the fence or property line, we recommend to not attempt this yourself. We have a network of experienced tree service companies that work with homeowners all the time that have these concerns. Search our directory to call a company directly or fill out the tree service request for and get up to 3 FREE quotes with Arborists Near Me.

We connect hundreds of people every month to local tree care companies helping them save time and money. Whether you find yourself on the giving or receiving end of an overhanging tree complaint, it is essential to know who owns the tree in question.

When you purchased your property, you were likely required to get a property survey. If many years have elapsed or there is difficulty determining where the property line is, have a new survey conducted with the surveyor physically marking the property line.

All trees growing on your property with their trunks inside your property line are your responsibility. In the rare case that a tree is growing directly on the property line, ownership and responsibility of that tree are equally shared between you and your neighbor. As a tree grows upward, it also grows outward. The responsibilities of each property owner are typically as follows:.