neighbours trees, are they responsible for the up keep?

Question

My neighbour has some lovely trees, however they are so over grown and not maintained, they are now coming over to my garden and blocking a lot of sun light. Do they have a responsibility to keep them maintained? how do I go about getting them to do this? can I just cut them back?

Answer 1

you cant cut them back, those dodgy firs are often a problem, ask them 1st, then the council
youll have trouble getting this done but DONT cut them yourself or youll end up in court

Answer 2

From the other answers you will see that you have the right to cut back any branches that are overhanging your property. There is a legal requirement to offer the cuttings to your neighbour but no more than that. However, if the trees are evergreen or semi evergreen and there are two are more of them then if they are affecting the enjoyment of your garden, i.e. blocking light by virtue of their height, then you may have a case under the High Hedges section of the Anti Social Behaviour Act. If this is the case then contact me either through this site or on my website below and I will give you some free basic advice.

Answer 3

I think you should talk/write you your neighbour first and try and get it sorted amicably.
It is their responsibility to maintain them. I can't advise you on the law, in Scotland you would give them 7 days written notice and the cut them back, leaving their cuttings in their garden beside the tree.
If at all possible don't enter their garden but do it all from your side of the fence.

Answer 4

You can cut them back to the boundary line of your property and no further. You can also throw the prunings over into their garden as the prunings are legally your neighbours property.

However, the best way to deal with this problem and not completely fall out with your neighbour is to talk to them about the maintenance of the trees.

They don't really have to have them pruned unless they want to, but it would probably be beneficial to the trees to have them crown lifted or crown thinned - which would give you more light - but not much.

Ideally they need to be pruned by a trained arborist as you or your neighbour could be seriously injured if you do it yourselves.

Answer 5

The best way round this is (if you are on good terms) ask your neighbours if they are willing to let you trim the trees to make them a little easier to be in the garden or would they mind doing it for you. As far as I know, the trees are the property of your neighbour, also I think you must show what you have trimed. It's a very sensitve area, if they become nasty you may seek advise from your local council. Good luck.

Answer 6

i'm uncertain if this could be a regulation in each and every state or no longer, it relatively is relatively useful to examine on that. yet, in Indiana and Illinois, if I relatively have a tree in my backyard and the branches dangle over the valuables line, my neighbor can legally trim the branches to guard his components from achieveable harm. in spite of the incontrovertible fact that, I very own the tree, so the neighbor isn't entitled to tell me what i'm able to do with those branches. So, if at every time i prefer to shrink the tree down or eliminate the branches, i'm able to realize this. The neighbor won't be able to insist that I trim the branches, and he won't be able to eliminate any area of the tree that's no longer on his part of the valuables line. Does that make experience?? i wish so!

Answer 7

You can cut overhanging branches.Leave the cuttings in their garden.The trees are their responsibility.You must write a letter to ask them to keep them under control.If they fail to comply you can report them to the council.If they are left to grow the roots can undermine garden walls,house foundations and fences.They cannot expect you to put up with loss of light the council will be on your side on this one.They are careful to ensure whether the trees are on a preservation order.You could also ask advice from your insurance company.We have recently had a problem,our insurance company have insisted the neighbours remove their willow tree because it is encroaching on our House Foundations,they cannot ignore the law.Good Luck.

Answer 8

Speak to them about this and ask them if they will trim the tree!! Or if it is ok of you trim back the tree on your side of the fence. Yes they are responsible for the maintenance of trees in their garden, but at the same time if any plants or trees grow over your side of the fence then you are allowed to cut it back. I would let them know of your plans before cutting back the tree on your side if you do decide to do it yourself - it is just polite to do so, and should prevent any problems later on.

Answer 9

You can cut back to the boundary, don't throw the clippings over the fence as the law has changed over the past few years,you can be prosecuted for this.
It would probably be best to speak to your neighbour first.

Answer 10

You can cut them back as they are overgrowing into your garden. Ideally they should keep the tree maintained but you are well within your rights to cut the branches that are in your garden

Answer 11

Sammi. Check with your local council or whatever you call the local body in your neck of the woods. Here in New Zealand, we can prune back neighbours trees, and then throw prunings back for neighbour to remove. It is a legal obligation for them to do so. Have you asked neighbour to cut them back? Better to check laws first. Save you a law suit. Good Luck!