Interesting you should ask this. My neighbour's (let's call him Jim) neighbour had a tree growing next to his fence. The tree was in Jim's neighbour's garden but it was a big Cypress Lylendii thing, over 40ft. During the storm in Jan, the tree was blown down. Now Jim had written to his neighbour in 2005 about the tree and the real and possible damage the tree could cause, but his neighbour chose to ignore it. Anyway, when the tree finally came down, it damaged Jim's fence and its roots ripped out a large area of turf and flower bed.
Jim has repeatedly asked his neighbour to make good his garden and fence, as he cannot claim on his insurance. Apparently no house insurance cover fence or garden damage! His neighbour's insurance does not cover damage caused by his tree on other people's properties. So Jim now has no recourse but to try the small claims court.
The lesson is that it is important for you to check what redress you have if your neighbour's tree should damage your fence or garden. If it fell on your house, it's covered. But anything else, and you could be out of pocket or left in legal limbo.
2007-03-13 23:55:45
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answer #1
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answered by Anonymous
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Firstly it depends on whether the tree is subject to a tree preservation order (TPO). If it isn't, you can trim all overhanging branches, but you must return them to the owner of the tree, otherwise that is theft.
If the tree is subject to a TPO, the above still applies, but you must also get written permission from the TPO officer at the local council before you can so mush as touch a leaf.
TPOs are most likely to apply to oak or silver birch trees, but can be applied for on any tree
2007-03-13 23:48:24
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answer #2
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answered by Anonymous
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they're speaking rubbish. My property is alongside a public footpath, mores the pity and that i've got consulted the Council and the Crime Prevention Officer at my interior of reach Police station and the two have suggested i'm entitled to have the two a hedge or a fence on my boundary line. The Crime Prevention Officer instructed me to apply prickly timber and brambles and if all else fails razor cord, yet that must be interior your house. The neighbour on the different factor of the footpath has a 2 metre fence. The regulation states as long as you do not hinder the footpath you're able to do what you like on your very own boundary. forget approximately approximately your neighbour and tell them to touch the Footpath Warden at your County Council who will tell them of the regulation.
2016-12-18 13:20:10
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answer #3
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answered by ? 4
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Branches and limbs may be trimmed by a neighbor if they are hanging over onto their property. They cannot, however, do such damage as to cause the tree to die. Local authorities may be called to determine if a tree is/will be causing future damage to their property. I have lived in 3 States where this is the general rule.
2007-03-13 23:49:06
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answer #4
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answered by sensible_man 7
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Ask your locale council as the tree may have a preservation order on it
2007-03-17 12:35:29
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answer #5
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answered by Anonymous
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just simply if your neighbours tree has branches hanging over your garden you can cut them off advisable to tell your neighbour but you don't have to and you can then ask your neighbour to dispose of the the tree cuttings
2007-03-14 00:02:25
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answer #6
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answered by srracvuee 7
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a neighbour can dig out roots or cut down branches of trees that infringe on his/her territory, but cannot touch the tree itself unless it is dangerous and at risk of falling down and causing injury/damage. then the neighbour will have to report it to the council who will send someone round to assess the risk and, if dangerous, will force the owner to remove it
2007-03-13 23:43:46
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answer #7
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answered by Jason O 3
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Not sure what to do for your case...it has to be settled in a mutual agreement whether the trees have to cut down or let them alone.
2007-03-16 08:19:57
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answer #8
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answered by Anonymous
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Complicated.
2007-03-13 23:47:42
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answer #9
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answered by Anonymous
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i think that if the tree is growing over your fence you can chop off any branches which hang on your side. i'd seak tothe neighbours first though to avoid any feuds...
2007-03-13 23:41:29
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answer #10
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answered by Anonymous
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