Question: Can I Force My Neighbor To Cut Down His Tree?

How do I ask my neighbor to cut down a tree?

mention that you will (professionally) do the trimming on your side, straight up from the property line.

That might make the tree u-g-l-y and might get the neighbour to reconsider chop-chop.

Just be nice, calm, and matter of fact..

What can I do if my neighbor’s tree is too big?

First, it’s usually best to discuss the potential issue with your neighbor. Second, your neighbor could be held liable for damages, according to FindLaw. Third, if your neighbor doesn’t do anything about it, the tree could be considered a nuisance, and you could file a nuisance claim, FindLaw says.

What happens if I cut down a tree without permission?

What happens if I cut down a tree without permission? Local councils and cities take tree protection very seriously and heavy fines apply if you remove a tree without first seeking permission. … They might have had a Development Application knocked back due to the council wanting to retain one or more trees.

Can I sue my neighbor if his tree falls on my house?

Regardless of if there is property damage, a landowner may sue her neighbor to make that neighbor trim the branches that encroach the landowner’s property. Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. … A neighbor may only sue if the tree is noxious.

Who pays if neighbor’s tree falls on house?

When you are the owner of property you are liable as the home owner for any claim of nuisance or negligence made out against you. It is generally advisable to have Home and Contents insurance which will cover you for your “legal liability”.

Is it against the law to cut down an oak tree?

The reality is you are permitted to prune or cut down any tree on your land, regardless of whether it is healthy or not, if it is not subject to a Tree Preservation Order or located with a conservation area. … Contrary to popular belief, there is not a blanket protection of all Oak trees.

When should you remove a tree?

Vertical cracks, seams, dead branch stubs and large, older wounds suggest internal decay. Severe damage to the main trunk often warrants removal of the tree. If the damaged area is less than 25 percent of the circumference of the trunk, the wound could gradually heal over and no permanent injury should result.

Can a neighbor plants trees exactly on the property line?

The short answer is no. If the tree trunk is on the property line, you are both equally the owner of the tree. It may not be removed without the agreement of both.

What can I do if my neighbor has a dangerous tree?

If there is a dangerous tree it may be wise to take the following precautions: put the request in writing to your neighbour and keep a copy. If the tree does damage your property, you have proof that your neighbour knew about the problem and this will assist in damages claimed for negligence.

How far does a tree have to be from a property line?

And a shrub or hedge not exceeding 2 m (6 ½ feet) in height must be planted at least 50 cm (20 inches) from the property line. I find a distance of only 2 m (6 ½ feet) between a really large tree and the boundary line a bit thin, but at least the law is clear.

How high can Neighbours trees be?

According to legal answers for New South Wales, a neighbour’s trees can grow as high as possible as long as they are maintaining the hedge height guidelines. Hedge laws require trees next to a neighbour to be above 2.5 meters in cases where they are more than two.

Can I cut tree limbs that hang over my property?

When you can trim hedges or trees You can trim branches or roots that cross into your property from a neighbour’s property or a public road. You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property.

Can I throw my Neighbours leaves back?

Technically, the pruned branches and roots remain the property of the owner of the tree, but there is no obligation to return them and throwing them over the fence would constitute a trespass, suggesting that the person doing the pruning should offer to return them and if unwanted use their green bin to dispose of them …

Can a neighbor make you cut down a tree?

Yes. By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor’s property or destroy the tree.

Who is responsible for neighbor tree roots?

It is well established law that an owner of land can be liable for damage caused by trees located on that owner’s land when the roots of those trees encroach upon the land of neighbouring properties. This is referred to in legal terms as a “nuisance”.

What trees can be cut down without permission?

An example of a common regulation that can be found in a Tree Ordinance would be; Any tree with a trunk circumference smaller than 12 inches may be removed without a permit. Anything larger will be considered a significant tree and therefore protected. In this case you will need permission to remove the tree.