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the tree hangs into the garden of the new owners of a house i recently sold but is actually on the neighbouring property.

2006-10-14 05:56:49 · 18 answers · asked by Lily 2 in Home & Garden Other - Home & Garden

18 answers

urs



bush sucks! >____________________

2006-10-14 05:59:22 · answer #1 · answered by ~*~IM'A FLIRT~*~ 1 · 1 6

The way it works in Vermont could be different by state! The owner of the tree is where the base of the tree is. However if a tree is doing damage example the branches rubbing on some one else house the owner of the house can trim the tree back to the property line. If the tree is clearly dead the owner should have it cut so he is not liable for any future lawsuits if it breaks.

2006-10-14 06:06:30 · answer #2 · answered by padidvr2003 2 · 0 1

The owner of the property that the tree hangs into can at any time remove any over-hang from any tree in line with the fence line,alive or dead.

Unless you had a prior agreement with the new owners of your property,it is now up to them as the new owners to remove anything overhanging.

If the dead overhang can be deemed as a health and safety issue
regarding potential injury to person or persons in the next door property then the local shire or council may be able to assist by suggesting to the owners of the tree that it has to be removed and could also include a joint payment for the costs of removal by percentage
This is based on being in Australia

2006-10-14 06:19:55 · answer #3 · answered by menace 2 · 0 1

If the tree is planted in the neighbours garden then it is their responsibility. You can ask them nicely to do something about it. If they ignore you and don't seem to care then you have the right to cut the branches of the tree that are hanging over into your side of the garden.

2006-10-14 06:03:06 · answer #4 · answered by 90210 aka Hummer Lover 6 · 0 1

The new owners can cut away the parts of the tree that hang into their yard if they wish to -- though it would be smart to secure the permission of the neighbors first. As for cutting down the tree, it would be the responsibility of the neighbors, if they want it cut down because it's in their yard, hence their property. The new owners have no legality to cut the whole tree down because part of it hangs into their property.

2006-10-14 06:07:32 · answer #5 · answered by bennyjoe81 3 · 0 1

i can tell you this much if you have to ask dont do it in the end it allways coast more if you start and you have to call in an arborist to finish ask the ppl next door if thay are willing to split the coast i had a tree i put a price on for 600.00 to remove it the owner sid he would do it insted a week later we wear there takeing the tree off his house and coast well over a grand know your limitations and some common sence go a long way

2006-10-14 07:56:32 · answer #6 · answered by Anonymous · 0 1

I would say that it's the neighbours problem to get it sorted. If the tree is hanging in to your garden from there one. Ask them nicely to deal with it.

2006-10-14 06:00:11 · answer #7 · answered by robertmarcellegary 2 · 0 1

If you are the Realtor or a General Contractor it is your responsibility to appease the new owners.

That would include contacting the neighbor whose tree is growing in their yard and by asking them permission to trim the branches back to a reasonable, compromised length.

As an act of faithfulness and fairness to the new owners you could assist them (and the neighbor) in cutting back the branches.

2006-10-14 06:11:00 · answer #8 · answered by Anonymous · 0 1

It is the responsibility of the person who has the trunk and roots in their garden. You are allowed to cut off any overhanging branches that protrude into your garden but these must be given back to the neighbour or else they can get you done for theft. (If you keep them that is)

2006-10-14 06:01:15 · answer #9 · answered by Anonymous · 1 0

It was there when the people bought the house saw it. It's now between them and the neighbours - but really the neighbours problem to sort out.

2006-10-14 06:02:03 · answer #10 · answered by Felidae 5 · 0 1

it's the responsibility of whom ever's property the ROOTS of the tree is based in. I have the same problem with my neighbor. There is a dying pine tree directly at our fence line and if it falls it will hit our house even thoguh it is in their backyard.

2006-10-14 06:08:29 · answer #11 · answered by Anonymous · 0 1

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