Now the sap from the falling leaves is taking the stain off my decking. What is the UK law on overhanging trees? Problems With Drains: Who is Responsible for What? My garden is all decorative stone, no grass with only plants in pots. Please give me an advice I also have a swimming pool in my backyard and all the bamboo leafs fall in my pool, my backyard is constantly full of leafs this situation is depressing. What ard my rights to enforce them to manage their wood and coppucd their immensely high trees. What Can I do About My Problem Neighbour? She contacted the farmer who said he would allow the nest to be removed but the pest controller said that there was no nest in the tree and that the wasps were literally being attracted by the berries and therefore he could not help her! Under state laws, foragers can harvest the overhanging fruit. But there are some rules you must adhere to or you could find yourself on the other side of the law! It’s always better to discuss this with your neighbour first but if an expert does have to be called in, it’s the tree owner’s responsibility to foot the bill. Even though community gardens are often on public land, they are set aside for the use of members of the gardens. My next door tree is over growing in my garden I’ve jist do my garden out and the tree branches keep falling n my garden I’ve asked them to cut it back but they are not assed, Hi my neighbours at back of me have a non edible tree overgrown the berries n leaves keep coming in my garden n nearly had disaster last week my grandson put berries in mouth luckily I got them out everyday my garden looks a mess I sweep up everyday artificial lawn which I had done as my grandson has cerebral palsy can I cut the tree bk so it doesn’t come in my garden without her permission. There is a risk of it snapping and falling onto the property. Consistently losing fruit and vegetables to opportunistic, non-contributing foragers discourages volunteers. Racing boats propelled by oars, and certain other vehicles have slightly different requirements. Any advice greatly appreciated! Overhanging vegetation is dealt with under common law (see above). This also includes any fruit falling onto your property. Help - he’s an awful, selfish little old man. Wood Burning Stove: Can Neighbour Object? Leaving the wall repair aside, I would like to remove the pergola. Thankfully, the people at are on hand to reveal the top seven laws you need to be aware of. A Beginner’s Guide to Truffles (and ‘Truffle Oil’). Branches of a large tree hang in your yard, but the trunk is planted in your neighbor’s yard. What Can we do About our Neighbour's Noisy Dogs? But, take a moment before you rush outside with a step ladder and secateurs to start pruning trees and bushes. The article is of primary interest to foragers. These may differ state to state, council to council. Neighbours renting property next door, I have contacted the landlord as there is 2 massive trees in their garden, one for and a sycamore. My neighbour has a huge Ash tree growing in their garden boundary in a private Alleyway. Is this right? An overhanging tree may also be a danger. The judge ruled, in the case prior to it going to appeal (of which the outcome is not known), that if the trees are not doing any damage, then it may be up to the claimant (plaintiff) to abate the nuisance by cutting back to the boundary line. Hi. If you lop off any branches on your neighbour’s (the tree owner) side of the fence, you are not entitled to Gain Access To Their Property to cut off some more. How to cook amazing food without really cooking. This even applies to windfall apples etc. As well as legal questions around the practice there are also moral questions such as those concerning taking from gardens maintained by volunteers. Situation 1. What You Can Do, Contacting Your MP About a Neighbourhood Problem, Landlord Repairs: The Role of Environmental Health, When you Should Contact your Local Environmental Health Department, Who to Contact when in Rented Accommodation, Re: What to do if Neighbours are Spreading Rumours About you, Re: How I Dealt With Neighbours' Noise: A Case Study, Re: When you Should Contact your Local Environmental Health Department, Re: The Most Common Neighbourhood Disputes, Re: What to do if You're Concerned About the Health of a Neighbour, Re: Your Rights Under the Party Wall Act 1996. A: Tell your uncle that, generally, UK law on overhanging trees stipulates that an occupier or owner of land on which there are trees is liable for any loss or damage caused by falling branches or the tree falling down. What is the law on a neighbour's tree branches overhanging your property and dropping fruit on to your property? Also because they cannot feel the vibrations in the basement and on the ground floor, they are not taking me too seriously, they think I’m being over sensitive.They are also not living in at the moment, they stay at a different address while they let the machine do the work...I understand they need and want to solve their humidity issue in the shortest amount of time but, do they have the right to have this machine on during the night? I usually feel the floor vibrating whenever the bus stops in front of the building or even if there’s a car with the engine running or if my own fridge is rumbling. Top. Currently the neighbour's property is on rent and I have no address to write to the neighbour. If the plant overhangs from a neighbour’s property or overhangs the footpath from a property, to maintain good relations it is advisable to ask the property owner whether they mind plant parts such as fruit being foraged. For example, most parts of a yew tree are poisonous. After some perfectly convivial conversations with the neighbour, it is clear that they don't wish to fell the tree, and it has already been cut back as far as is practical for the health of the tree. We had a sycamore overhanging our garden.The tree surgeon told us that if the tree had grown up after any Tree Preservation Order had been put in place then no permission was required to fell it.However, you can go onto your local government website and check this out. The trees in their woodland,which abutts my land, are growing through my fences,overhanging my garden andblocking sunlight. It's a bit of an anomaly really, as while you are obliged to offer the branches back, if any leaves from your neighbour’s tree fall into your garden in autumn, you have no right to ask them to come around and sweep them up. In cutting back any overhanging branches (or encroaching roots) the following must be observed: you must not trespass onto the land on which the trees are growing Maybe they can cut it down? Luckily those examples last no more than a few minutes. What can be done. Do we allowed to cut it down before it make disaster? A: Legally, the lime is yours. Returning to the owner of the plant a jar of jam or other produce the foragers make from the harvest maintains good relations and the possibility or harvesting again next season. The neighbours trees are well over the 2 metre threshold and there are several of them. The practice of cutting overhanging branches is defined as ‘abating a nuisance’. Trimming overhanging branches . Hun. The same goes for encroaching foliage of on the borders of adjacent residents. If the tree has a Preservation Order on it then you cannot cut/pare any branches. There is an expectation among volunteers that non-volunteers will harvest a little of the produce from time to time but leave the bulk of the produce for those who maintain the gardens. Foragers might instead join the volunteers who maintain the plants to get a share. It is the same in community gardens. Harvesting overhanging fruit and nuts is a common practice. However, the cut branch (es), and any fruit or flowers attached to the branch (es) remain the property of the tree owner and must be returned. Foragers often ask the owners of overhanging trees if they mind their taking overhanging fruit. There might also be an arrangement for a charity to harvest to support its program. Where do I stand? Consider the work of volunteersSome edible crops growing in public open space such as local government land are maintained by volunteers. I’ve asked them to trim them down but they’ve refused. Laws on Overhanging Tree Branches. A tree or shrub belongs to the ownerof the land on which it grows even if its branches or roots go over or under adjoining land. They have TPO on them. If, on the other hand, your neighbour’s tree is causing you a problem, you have the right to cut off any boughs which overhang your land without notice to them (even if it is subject to a tree preservation order), although you may not go on to their land to do so. What can I do to resolve this. I have a wooden pergola at the back of my garden. It would potentially complicate harvesting bushfoods in patches of remnant urban bushland. The Theft Act 1968 makes it a criminal offence to take wild flowers, fruit and foliage from any plant if it is sold for commercial gain. I cut it back last year as it was awful but this year husband is saying I need to ask first because of the flowers on it. Help us improve GOV.UK. My neighbour has trees under a preservation order and a hedge that are causing structural damage to my property, can I cut off the overhanging branches and who pays for the tree surgeon? I have tree growing wildly behind my fence at back of garden. Where do I go next? As part of that, am I entitled to remove the part of the pergola that is acting as a support to the artery of the tree? If the tree bears fruit on branches which overhang into neigbouring land, it is an offence under the Theft Act (1968) to keep them or to take cuttings of flowers. Another common problem area is trees adjacent to highways. Foraging is not permitted in national parks as, to they are set aside for the preservation of natural systems. Problems With Neighbouring Trees: Action Guide, Stop Off-road Vehicles Using Public Footpaths and the Countryside. What should we do next? What Should we do About Our Neighbour's Complaining? What to Do About Noisy, Dirty or Aggressive Animals. the term ‘private land’ refers to land the property of an individual or organisation. However, some overhanging branches can only be removed from the other side of the fence. However, if you’re the owner/occupier of land over which the branches of a tree overhang, you are generally entitled to chop back the branches to the boundary line. The Theft Act 1968, for England and Wales, states that: "A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a … I reported both to the police for criminal damage and to the council as they are tenants. They are aware that the machine is causing vibrations and that is affecting me but they refused to turn it off during the night. The latter is a real pain ...cuts out light and sun in the summer, and the leaves and other debris in the Autumn is an absolute nightmare. Legal issues around foragingForagers are advised to check the state and local government laws and regulations where they intend to forage edible or useful parts of plants. I’m struggling with my neighbour. To help us improve GOV.UK, we’d like to know more about your visit today. The branches will naturally fall on their property (randomly rather than tidily) and you have stayed within the letter of the law. Regular tree inspection reduces liability. UK case law and overhanging tree branches May 3, 2016 May 11, 2016 forgottenwoods Whilst overhanging branches of a tree are not deemed trespass but instead nuisance, the case of Earl of Lonsdale v Nelson [1823], which dealt with trespass and not nuisance is perhaps a peculiar beginning. What to do if Neighbours are Spreading Rumours About you, What to do if you Suspect Your Neighbours of Drug Offences, What to do if you Think a Neighbour is Contravening Planning Regulations, What to do if You're a Victim of a Neighbour's Violence, Your Confidentiality Rights if Reporting a Neighbour, Being Bullied by a Neighbour? I brought property with a massive high 30meters Christmas tree at the front. Ownership of the overhanging branches once they have been removed The owner of the land on which the tree grows remains the owner of any branches, together with any fruit that may be on them – even after the branches have been removed. It is pushing my fence down. However, falling leaves and fruit still belong to the owner of the tree or shrub, the law does not require the owner to come and sweep up the leaves or pick up the … It’s a beautiful Christmas tree, perfect for council to use it on Christmas days in the town centre. Please could someone advise. However, the branches and any fruit on them which you may have cut down on your side still belong to the tree owner so they can ask you to return them. Maintaining good relations is importantMaintaining good relations with owners of overhanging trees is always worthwhile. My Neighbour's Home Improvements: Can I Object? Where do I go for help? Foraging seed or other plant parts in botanic gardens is prohibited. This includes the branches and the fruit of any tree or shrub. If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. Harvesting is legal in most Australian states. Overhanging branches should be offered back to the neighbour after removal. This is not legal advice. My neighbours gardens are higher than mine and the trees are at least 50 ft high. White farmers: Yes, we need to talk about racism too. It is recognised that particular issues may stem from where trees with poisonous fruit and / or foliage is allowed to overhang onto neighbouring property, where animals can graze upon this poisonous matter both removed from and attached to the tree. Am I within my rights to dump the offending leaves minus the bin bags back in the neighbours garden? TheHigh Hedges law only applies tothe height of morethantwo evergreentrees plantedas a continuous hedge. My neighbor has a tree that her pecans are falling on top of my roof hitting it hard on my property I need help I don't know who to contact because she doesn't want to do anything about it she told me and my husband to cut the limbs but that whole tree needs to go she's ignoring us so now I have to go to other links to get her to cut the tree who do I contact help me please. If the trunk of a fruit tree is on your neighbors’ property, the tree and the fruit it bears belong to them—even if fruit-laden branches overhang your property. Submitted: 10 years ago. My neighbour is a local authority. A tree belongs to the person who owns the land on which it grows. However, they can also cause a nuisance to a next door neighbour when they start encroaching onto your side of the fence, with problems ranging from attracting unwanted insects like bees and wasps, blocking out your light and shedding their leaves all over your garden. How much would a solicitors letter cost to write to the owner of the trees approximately? Obviously, many neighbours will not tend to worry about that too much but should a neighbour, for example, see you collecting apples from their tree even though the branches have grown onto your side, they are legally entitled to ask you to return them. Before therefore you dispose of the overhanging branches you should first offer to return them to your neighbour. The table below is a summary of the requirements applicable to loads overhanging the sides of a vehicle. What is the Antisocial Behaviour Act 2003? Trees can add a great deal of splendour to a garden. Always leave some for others. Do not forage in community gardens, including taking seeds or plant cuttings. From letting children bounce on trampolines to trimming overhanging … If it is, you’ll need to seek further clarification. Laws and regulations are administered by state and local government and may differ in each state. The neighbour who back on to my back garden have been cutting down trees at 6.30 am my concern is that we have had birds nesting in the trees. How many are you guilty of breaking? My daughter has a fruit bearing tree (non/edible) overhanging her back garden but the tree is full over wasps after the fruit and she is unable to let her children (one has already been stung) or even her dogs (also been stung) into the garden at all now? Do I Need Permsission to Do Mechanical Work on My Driveway? 3. What Can we do About a Neighbour's CCTV Camera? It is reaching over into my property and all over my hedge. Doing so is viewed as benefiting from the work of others while the forager makes no contribution to maintaining the plants. This would include edible parts of trees and shrubs. My neighbour has a rose bush at the front of our terraced properties and it overgrows over to our side of the drive every year making it very difficult for me to get children in and out of the car! 2. My Rights Regarding my Neighbour's Trees? An overhanging tree may also be a danger. I think I can cut down the branches that overhang in my garden and give them to her but I just wanted to know if there’s a law regarding the height of the trees. He refuses. As a result, it’s not necessary to receive permission before cutting them from your garden. She is so terrified that the wasps will attack again, they have been literally smashing against her windows trying to get in! Overhanging Branches. Pruning overhanging trees. Don’t be greedy. We don't get along with them so I'm not really wanting to have to knock on the door to ask permission to cut it back! If they refuse to do so, you can legally sue them and force them into paying. He has two very large eucalyptus trees next to my boundary. The letter they had from the council sort of did the trick but they did come round being aggressive and thought it hilarious when I said it made me feel unsafe in my home. My neighbour has just ignored requests for it to be cut down and thinks it is the councils responsibility to cut it down. They can then choose to pay up front or by claiming it against their own home insurance policy. 1. the terms ‘public land’ and ‘public open space’ refer to land administered by local government to which the public has access; examples include public parks, streets, footpaths and lanes. Where’s the Tree? You technically could be accused of theft if you do not do so. Your children can’t enter your neighbors’ property and take their fruit—that’s considered petty theft. Hi, If that fails you are almost certainly within your rights to clip it or snip it. I think with fruit, it does work that way ... Then cut thus overhanging centimetre. Local government may prohibit the removal of any kind of vegetation growing on public land. Can you give me some advice to pass on to him in the hope that he will take heed? My neighbour has a 70-80 foot weeping willow tree with some of the branches hanging over our garden , but is to high to reach so we can’t cut them back , We recently moved to the house and this was the first year we spendthe summer clearing our very overgrown garden , and have made it looking really nice but the neighbours tree has not stopped shredding leaves and on windy days even branches have fallen in the garden , we keep trying to clear it up but it’s alosing battle , throughout the year it also blocks out a large amount of light in our garden , now it’s autumn the situation is 100 times worse , we have spoken to our neighbour about it and she got really funny with us but eventually did agree that she would have some cut off in the winter months but she wants us to pay half, if she doesn’t go ahead with it do we have any rights to get something done about it When planning to forage, consider others: if they are neighbours, should you ask if they mind you foraging their plants overhanging public land; with edible or useful plants on public land, consider whether you will be taking freely from the hard work of those who maintain the garden and whether that is morally justified. "It's governed by the Dividing Fences and Tree Act of 2011 that regulates overhanging trees onto private land. Don’t ask me why? However, the cut branch(es), and any fruit or flowers attached to the branch(es) remain the property of the tree owner and must be returned. The Wildlife and Countryside Act 1981 protects bird nests and bat roosts. Any branches and fruit that fall in your garden remain the property of the owner but you could ask if they want you to return these or dispose of them. Over year we noticed a tree start to leaning on one side(corner of neighbour garden and public road) what we should do in this situation? Garden Law Discussion. Most citizens expect the law to allow reasonable cutting and trimming of overhanging trees. Please advice me what can I do. Our question is, can the farmer legally refuse for the tree to be trimmed down in this case as that appears to be the only way to stop the wasps according to the pest controller? Own a Driveway But Park on Road: What's the Law? And with this in mind, it becomes clear that the responsibility for maintenance or damage caused by overgrowth lies with the owner. In this circumstance, you will need to get permission from next door. If your complaint is … Still Willing To Let Someone Else Feed You? Remember however that the branches and any fruit on the branches are and remain the property of the neighbour. The landlords have had a few quotes and saying it is too expensive to fall the trees, and are suggesting if my neighbour and I want anything done a contribution to the cost would be required Its bullying and they wont get away with it. * Subscribe to Country Life and save 30% . 11 posts • Page 1 of 1. When it comes to overhanging tree branches in your yard, over your house, or along power lines that effect your home, you may have some say about what happens to that tree and its maintenance. Therefore, it’s important to know what your rights are and what you can and cannot do. They are ignoring all my messages. I have also seen signs of subsidence in my property (first floor) with cracks appearing on walls and ceiling. How Big a Problem Are Problem Neighbours? Hi. Things got bad when two and a half weeks ago, my neighbours that live in the basement, had broughtin an industrial dehumidifier to solve a flooding issue they had in their bathroom. You can cut back any overhanging branch that comes into your property. Removal of overhanging branches Removing branches overhanging your property. It is offered as information only and not as advice in any form. The problem here is less one of encroaching roots or branches, as local authorities and the secretary of state have statutory powers to deal with those, but rather one of trees falling on people and injuring them and their cars. Many who garden their footpaths see their work as a public resource and are happy for people to take a portion of what is produced. If the tree has a Preservation Order on it then you cannot cut/pare any branches. Dids, Hi The common law right of abatement entitles you to trim all overhanging leaves, branches and fruit from a neighbour’s tree, as long as you don’t cause damage to the tree, or a neighbour’s overhanging arm. Not sure it makes any difference but just for info we both rent from housing association. Anything else I can do to solve this situation? The problem is that the branches are coming over onto my mothers property, blocking light and signal, also allowing rats to climb into the attic. The building company is not maintaining any of these trees. Neighbour Guide: Wood Burning Stoves and Chimineas, Noisy Flat Above is There Anyting We Can Do. Safety advice for vehicles carrying overhanging loads. My mother is 69 and the neighbour is ever so rude. You are not, in law, the owner of the fruit and thus the correct legal position is to return it to your neighbour. - Answered by a verified Lawyer We use cookies to … They could be fruit bearing trees, a place in which to retreat to the shade and they can also add a great deal of colour to a garden. Plans to Speed Up Evictions for Problem Neighbour, Police Forced to Deal with Anti Social Neighbours, Recognised Tenants' Associations and What They Can Do. This would be a problem for foragers a well as for bushfood enthusiasts who harvest edible Australian native species. Load Projection or Overall Width Action required Over 305mm lateral projection on either side. They are keeping the dehumidifier on day and night 24/7. If its damaging your house get a solicitor involved as the tree owner needs to pay for any damages and work needed to repair what his tree has done. You can cut back any overhanging branch that comes into your property. The tree has also caused substantial damage to the wall between our properties. Foragers are advised to learn about laws in their own states. The primary readership for this note are urban foragers who: The question of the legality of harvesting accessible fruit and nuts on branches overhanging public land from private land, and of harvesting edible species or taking other parts of plants growing on public land arose with the increased interest in urban gleaning in recent years. There are two silver birches overlooking my garden. My neighbours silver birch trees and conifers are taller than my house, over hang my land, block out light and are damaging my roof. If a tree's branches overhang into your property from a neighbour's, … From letting children bounce on trampolines to trimming overhanging branches, there are … Planning a Party: Respecting Your Neighbours, Establishing Rights Over Fences & Boundaries, Your Rights Under Noise & Statutory Nuisance Act 1993, Your Rights Under the Access to Neighbouring Land Act 1992, Your Rights Under the Crime and Disorder Act 1998, Your Rights Under the Criminal Justice & Police Act 2001, Your Rights Under the Environmental Protection Act 1990, Your Rights Under the Freedom of Information Act 2000, Your Rights Under the Human Rights Act 1998, Your Rights Under the Local Government Act 2000, Your Rights Under the Party Wall Act 1996, Your Rights Under the Protection From Harassment Act 1997, Applying for an Anti-Social Behaviour Order, Hints and Tips on Dealing With Troublesome Neighbours, How To Diarise Nuisance Behaviour Efficiently, How to Tackle the Youths Gathering Outside your House, Letter Template: Asking Neighbour To Meet About Dispute, Letter Template: Inconsiderate Parking in Your Road, Letter Template: Neighbour Blocking Shared Access Way, Letter Template: Neighbour Blocking Your Driveway, Letter Template: Neighbour's Children & Ball Games, Letter Template: Problem with Neighbour's Tree.