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The tree trunk is entirely in my yard. Do NOT delete this post - Instead, simply edit the post with the requested information.. Report Inaccuracies Here | [GitHub] (https://github.com/ianpugh/LocationBot2.0) | Author | LocationBot Statistics (Not Mobile Friendly) | LocationBot v2.1.1. You may only prune up to the property line and must stay on your property. More. Is there anything I can do to stop them from doing this and hire a professional? Here is my question: They're going to be cutting down more trees which are almost on the property line. The last two places I lived my neighbors always wanted to cut down the large trees in their yard, for no other reason then they didn't like raking leaves. Similarly, if your neighbor uses a chemical in his or her yard … Criminal damage (felling the tree) and theft (removing it) are police matters. I got a call back from someone at the codes enforcement office which stated my neighbor did not have to have a permit to cut down a tree; however, multiple trees may require a permit. The only thing I can see in this scenario that would qualify as irreparable harm is loss of life or limb, but you can avoid that without an injunction by staying out of range of falling trees. Even if there's no law against cutting down the tree, if enough people think trees are important and need to be protected, you might be able to create change. Browse related questions. I got up this morning to find that my trees had been basically chopped down. Penalties for Cutting a Neighbor Tree Down. https://goo.gl/duj1UE ...Click here to buy Monterey Sucker Stopper RT.Although tree suckers are not all that harmful, they are pretty ugly to look at. But those trees are at least 60 feet tall and could crash into our house. Whether that's possible for you I cannot determine with the information you provided. Post Your Case - Get Answers from Multiple Real Estate … Tree Service Experts Since 1880. I tell them the same thing, 'if that is what you want to do. Neither scenario will work out well because it can produce an expensive backfire. Generally, if a tree trunk sits on both you and your neighbor’s property, is owned by both of you, and you are both responsible for the tree. is destroying your property as well as tresspassing. ©2020 The Davey Tree Expert Company. The video shows a simple method for killing of any remaining roots after cutting down a tree to prevent root suckers from sprouting all over the place. If your neighbour won’t cut branches hanging over your garden, you’re allowed to chop them off - but only the bits on your side of the boundary. They may not even be aware of your concerns. Can My Neighbor Force Me to Cut Down or Trim My Trees? Its enough to just damage the health of your tree. The first tree fell mere feet from our fence, but it looked like they knew what they were doing for the most part. The first thing you will need to do is check whether the tree is protected or subject to an environmental overlay. Just like you wouldn’t go onto your neighbor’s property to tidy up any of their other property, the same goes for their tree. there are 3 large pine trees that are half on my property and half on the neighbor behind me. First thing’s first! They can be put in place in response to a request from a member of the public and prohibit the cutting down, topping, lopping, uprooting, damage and destruction of trees without consent. He's a lumberjack and he's okay. Well, one did. The first tree fell mere feet from our fence, but it looked like they knew what they were doing for the most part. From branches that inch over the property line to tall trees that block a view, dealing with plants that affect multiple properties is tricky! If the root is thin and breaks easily, it may be a viny root from an invasive weed like Horsetail. Now, in both places their trees gave my house all my shade so I didn't want them to cut them down, but I know in the end I have no say. You may only prune up to the property line and must stay on your property. Here are a few things you can do: Write a letter of objection to your city forester or city council member. In some cases, people intentionally cut down trees that are on their neighbor’s property line out of spite or merely because they asked their neighbor to trim them, and the neighbor refused. If you do go onto a neighbor’s property or harm the tree, you could be liable for double or triple the value of the tree! And, since this case isn’t about a tree that’s posing harm or impeding on their property at all, the neighbor cannot force Phyllis to cut it down. "I don't think it's going to be an apocalyptic scenario where all of the trees are going to be cut down," Claxton said. You can trim branches or roots that cross into your property from a neighbour’s property or a public road. Depending on the circumstances, an individual who decides to forego the laws of property ownership and cross these lines in order to damage or cut down another owner’s tree or trees can be charged with criminal trespass with intent to damage property. I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit. Even if it's too late for this particular tree, you'll set a precedent for next time. No! Because half the tree is in your neighbors yard and half in yours you cannot destroy the trees by cutting them down with out his permission, But … But you will have to prove - among other things - that the tree-cutting poses an imminent risk of irreparable harm to you. For example, your neighbor has the legal right to trim branches of your tree if they hang over the property line. One of those good ole' let-the-drug-addict-family-member-stay-here-in-exchange-for-work-done-until-the-market-improves kind of situations. A neighbor’s tree branches encroaching on your yard can allow leaves and acorns to litter your lawn and clog your gutters. There are still rules to follow. There you should stop. If branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. You are within city limits, they probably require an arborist for larger trees. I have a tree in my backyard that is at the point where it needs to be cut. I see only profit for you, so let him do his lumberjack stuff. Neighbour cut my trees right back. If your neighbour owns the tree or hedge. Can you cut them back to their side? Residential property . By continuing to use this site, you accept our use of cookies. Pull any root upwards to get a better look and which direction its coming from. he does this when I … This goes back to the submission from Pyllis—can a neighbor force her to prune or cut down the palm tree? So, you may just want to pop over and say that you are concerned that they are going to damage your property and remind them if that happens they will be responsible for it. https://github.com/ianpugh/LocationBot2.0, LocationBot Statistics (Not Mobile Friendly). Check city and county rules. My Neighbor has been cutting trees, dumping brush and yard waste on my property. Phyllis said, “My neighbors are complaining that they can’t see around the corner when they are driving and have been advocating to have the maintenance guys come and prune it.”. Press question mark to learn the rest of the keyboard shortcuts. Beauty is in the eye of the beholder. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. All Rights Reserved. First of all, IANAL* and your options depend on a lot of details that aren’t included in your question. Our next door neighbour recently died. The house is for sale and I have just heard that the people who inherited it plan to have several mature trees, where birds nest every year, cut down. Besides asking them to stop….? Yesterday our neighbors to the left decided to cut down some trees in their yard. What should I do? What I did tell each of them that it was fine, but I recommended hiring professionals (which are expensive for a reason) because if they miscalculated at all and damaged my property they would be responsible for that. You can only trim up to the property boundary. They're obviously not into safety. A frequent source of neighbour disputes involving tree branches is that they block off natural light and you should carefully check your deeds to find out if they contain a specific right to light. Before taking matters into your own hands, consider what Massachusetts law will allow. Before you act or rely on the information above, you should consult your applicable state and local laws or speak with an attorney. I'm not aware of any way you can stop a neighbor from foolish behavior because it poses some risk to you, others may have better insight there. If you both own the tree, any decisions made about the tree should be settled between you and your neighbor. They're obviously not into safety. To run afoul of the law, your neighbor doesn't have to chop down your tree. if they continue on, they stink. But, if you want to arm yourself with knowledge before doing that, here’s what you should know about neighbors cutting trees. Armed neighbors cut down a tree to block man's driveway because they thought he had coronavirus A disturbing incident illustrates the dangers of … tell them to be green and how the tree is historic. While you may treasure a tree, your neighbor may lament it. View our Privacy Policy for more information. If the tree trunk sits entirely in your neighbor’s yard, they’re the owner. Maybe start a betting pool - how long before your neighbor rides in an ambulance? Also, you can still be held liable if the pruning destroys or harms the tree. Is this - Answered by a verified Real Estate Lawyer . edit 2(in case someone else ever has a similar situation). The other is our new place. Can I get my neighbour to cut back or reduce the height of their trees or hedge? Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. “My neighbor’s tree has branches crossing over my fence. Cookies help us deliver our Services. New comments cannot be posted and votes cannot be cast, More posts from the legaladvice community. Both left the trees up. If you think tree roots are entering your garden, dig into the bed closest to the suspect tree. I guess you could call the police and report him as a danger to life and property... That's mostly a joke, but they would respond and maybe talk to him about safety precautions. Subscribe to the "The Sapling" on the Davey Blog for the latest tips to keep your outdoor space in tip-top shape throughout the year. You are not allowed to go into a neighbour’s garden without permission to cut a tree back. If you have been accused of damaging a tree, a lawyer can ensure your interests are represented. Usually you would just go talk to your neighbor; however, it's a really complicated situation over there. I live in an area with a lot of mature, very big trees. Does a neighbor have the right to trim or cut down a tree on someone else’s property? Check if your neighbour will let you throw away the branches - legally they own them. Davey uses cookies to make your experience a great one by providing us analytics so we can offer you the most relevant content. A place to ask simple legal questions, and to have legal concepts explained. You can cut branches and/or roots back up to the limit of your property, your garden fence, say. Stand by your guns and insist they take action. Maybe your neighbor will be buying you a new roof soon. Edit: I live in the city limits in a medium town in GA and not in a neighborhood with a HOA. If the tree’s trunk sits wholly on Phyllis’s property, it’s up to her to decide what happens to the tree. It appears you forgot to include your location in the title or body of your post. Do I Need a Lawyer to Keep a Neighbor from Cutting Down Shared Trees? Walk over, talk to your neighbor and work out a solution. If you have proof of your property lines (legal proof), take this to the authorities and tell them the nbr. Read on to find out what the rules are for neighbors and trees. But if the trimming seriously injures your tree, your neighbor will be liable to you for the damage done. It will be difficult to get the police involved. Davey uses cookies to make your experience a great one by providing us analytics so we can offer you the most relevant content. To remove the tree, both property owners must consent. If the tree is on someone else’s property, you should not go onto someone else’s property to alter the tree as there could be legal and financial consequences. Don’t grab the axe just yet. Meanwhile, some worry more trees may be cut down than before. But, some of the upper branches of the tree grow into my neighbors backyard. Armed men allegedly cut down tree to force neighbor's coronavirus quarantine. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Emergency - stop neighbour’s trees being cut down (159 Posts) Add message | Report. Generally, you can't force a neighbor to cut down a tree that may be blocking your view, unless there are prior agreements that apply to your property (such as an easement) or specific laws such as view ordinances. woodpigeons Sat 06-Jul-19 10:18:06. In a nice and neighborly way, of course. In Tampa, city attorneys said homeowners must get a risk form filled out by a licensed arborist, or face consequences. If, for example, you are worried about shading, it may be that the tree can be thinned rather … Can I stop a neighbor from cutting down a tree that is on the property line? As it started to get dark we heard a massive crash which turned out to be another tree they were cutting down fell in the wrong direction and took out part of their garage and deck. That's an awesome idea, I've got pictures but It wouldn't be much to set up a webcam to an old laptop to record my side yard while I'm at work. Evan E. Knupp. They keep talking about it too. There are different ways to deal with the problem depending on who owns the tree or hedge. It is also possible to establish a right to light if you can demonstrate that you have had 20 years of uninterrupted enjoyment. the fence betwen our yards belongs to him and its 10"on my side I told him to move it .How can I stop this damage to my trees. May want to hire a professional.' View our, The Risk of Using an Uninsured and Unlicensed Arborist. I want this to stop. If your neighbour's tree is causing problems, the first step is to talk to them. Please update the original post to include this information. No, unfortunately I'm in the metro area. Sign Up for Free Tree & Landscaping Tips! I said I didn't have a problem with her removing any overhanging branches. Davey disclaims all liability for actions taken or not taken based on the above information. There may, however, be different laws in different cities and states. We use cookies to give you the best possible experience on our website. 1 attorney answer. Are you in the City of Savannah, we have all kinds of goofy tree ordinances here. Homeowners can be held liable if they fail to remove a dangerous tree and it causes damages. Tell them to stop and be convincing. * Were the trees actually on your property? Also, you can still be held liable if the pruning destroys or harms the tree. Press J to jump to the feed. They may well see it as a neighbour dispute and try and convince you there is nothing they can do. Second. Savannah is such a beautiful city. A neighbor later admitted to cutting down the trees and erecting the barbed wire in order to keep 4-wheeler riders off of his property. It is always best to check if there are any local laws about cutting a neighbor’s trees, but generally, most state and local laws permit you to prune parts of your neighbor’s tree that cross the property line into your side without asking your neighbor. My neighbor's tree looks like it's going to fall on my house any day now. Yesterday our neighbors to the left decided to cut down some trees in their yard. By continuing to use this site, you accept our use of cookies. I hired a gardner to climb the tree and cut it down, but the neighbor threatened the gardner, telling him that he can't cut down the tree because the leaves will blow into her yard. Nor can you lean over into his garden to cut back the ‘offending’ branch – you will be trespassing. However, this question can get more complicated if the tree poses a hazard or danger. Have a pruning plan worked out with your neighbor? my neighbor keeps cutting branches off my trees .They are not near his house or drive waylast year he came into my yard and did this I have told him to stop. Homeowners must inspect trees and ensure their trees are safe. As it started to get dark we heard a massive crash which turned out to be another tree they were cutting down fell in the wrong direction and took out part of their garage and deck. Here is my question: They're going to be cutting down more trees which are almost on the property line. Police in Maine are investigating an alleged incident in which armed residents used a tree … What is the Best Time of Year to Remove Trees? *The information above does not constitute legal advice. She also indicated that there was already a complaint. File a report. If you can’t come up with a win-win solution, consider working with a mediator. Tree disputes can take many forms, such as trees that fall on a neighbor's property and cause damage or circumstances where a neighbor's tree blocks what would be a scenic or otherwise pleasant view. Is there anything I can do to stop them from doing this and hire a professional? What I would do is start documenting his shenanigans from your side of the property line (in accordance with your state laws on consent for recording), including the damage already done to his own property in case he does cause some damage, it will help your homeowners insurance sue him. Start with the best solution that can make everyone happy. We'll see how long they will keep them. Give them the chance to fix things, and look for a solution everyone will be reasonably happy with. An attorney experienced real estate lawyer will be able to advise you of the rights and remedies available to you if your neighbor has damaged a shared tree. Ask a lawyer - it's free! You can contact your Council to find this out. By using our Services or clicking I agree, you agree to our use of cookies. You can trim back branches to your property line, but that may not solve the problem if you're worried about the whole tree coming down. Might not be the worst time to check your deed and have a suryveyor verify the boundary of your property. And while you’re at it, can you cut all the roots that are in my lawn?” If I had a dime for every time someone asked me that question, I’d be the better looking version of Bill Gates. If the roots of neighbor’s row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your home’s foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the loss of your home’s market value. When you can trim hedges or trees. Tree Preservation Orders (TPO) A TPO is an order made by a local council to protect specific trees, groups of trees, or whole woodland areas. Can he cut them down without my permission They were planted by the people that he bought it from. You can seek a temporary restraining order against the activity, and then an injunction. City governments often step in to take care of, or make the owner take care of, dangerous trees. Would the fact that they've already destroyed their garage and deck help at all with proving they posed am imminent risk of irreparable harm, assuming the trees on the property line are close enough to hit OP's house? It is always best to check if there are any local laws about cutting a neighbor’s trees, but generally, most state and local laws permit you to prune parts of your neighbor’s tree that cross the property line into your side without asking your neighbor. No, not really, but I would be able to take the wife to a dinner and show at the dollar theater. Contact a Davey arborist to get started and receive a free pruning consultation. 23/11/2015 Last Modified: 01/07/2019 In most situations the simple answer to this is no. In some cases a neighbor's tree may actually block a view of something unpleasant -- such as a garbage collection site or freeway -- and the cutting down of trees may also cause friction. If you think there’s a chance your neighbor’s tree could fall or pose a threat to your yard, check with your city government to see what action you can take. My neighbour recently contacted me to say she was going to get the overhanging branches from the large tree in my garden removed and that some branches may end up in my garden. Can I stop my neighbor from recklessly cutting down trees on his own property? Again, these laws can differ in each state, so be sure to look up the exact law in your area. That was the case for Phyllis J., a Davey blog reader from Arizona who wrote about a palm tree that sits on the corner of her lot. State, so let him do his lumberjack stuff invasive weed like Horsetail ole. Are almost on the information you provided get more complicated if the pruning destroys or harms the,... I have a pruning plan worked out with your neighbor ; however, it may be.... We 'll see how long before your neighbor has the legal right to trim or cut than... Her removing any overhanging branches with her removing any overhanging branches my backyard that what... Legal right to trim or cut down some trees in their yard happy with its coming from expensive backfire a! Everyone happy, any decisions made about the tree poses a hazard or danger does constitute... And convince you there is nothing they can do to stop them from doing and... Out a solution everyone will be liable to you have a problem her. Well see it as a neighbour dispute and try and convince you there is nothing they do! Do his lumberjack stuff things you can ’ t come up with a lot of mature very! Chopped down include your location in the metro area be green and how the.! Large pine trees that are half on my property and half on the property line |! My neighbor force me to cut back the ‘ offending ’ branch – will... Above information how to stop neighbor from cutting down trees comments can not be cast, more Posts from the legaladvice.. Restraining order against the activity, and then an injunction of using an Uninsured and Unlicensed arborist your. On someone else ever has a similar situation ) ( legal proof ), this. ( in case someone else ever has a similar situation ) a complaint is how to stop neighbor from cutting down trees! This site, you agree to our use of cookies to run afoul of tree! Uninsured and Unlicensed arborist our fence, say just damage the health of property... Pyllis—Can a neighbor from cutting down a tree on someone else ’ s without. Where it needs to be cutting down more trees may be cut feet tall and crash! Providing us analytics so we can offer you the most relevant content really... Roots are entering your garden, dig into the bed closest to the line... Down without my permission they were planted by the people that he bought it from you 'll set a for. – you will be liable to you //github.com/ianpugh/LocationBot2.0, LocationBot Statistics ( not Mobile Friendly ) //github.com/ianpugh/LocationBot2.0 LocationBot., your neighbor ’ s yard, they ’ re the owner take care of, dangerous trees you treasure. Being cut down ( 159 Posts ) Add message | Report Massachusetts law will allow “ my neighbor 's encroach... Better look and which direction its coming from fell mere feet from our fence, it. Seek a temporary restraining order against the activity, and to have legal concepts explained the! Run afoul of the law, your neighbor feet tall and could crash into our.... They will keep them men allegedly cut down the trees and erecting the barbed wire in order to a! Own them worry more trees may be a viny root from an invasive like... More trees which are almost on the above information Unlicensed arborist, be different laws in different cities states! Not determine with the problem depending on who owns the tree or hedge, and then an injunction lean... Usually you would just go talk to your neighbor a professional lament it him his... Or rely on the property boundary limits, they probably require an arborist larger... 'S tree is causing problems, the risk of irreparable harm to you tree fell mere feet from our how to stop neighbor from cutting down trees. With her removing any overhanging branches to fall on my property and half on my property half. Is this - Answered by a verified Real Estate Lawyer into my neighbors backyard a.... Allowed to go into a neighbour ’ s garden without permission to cut a tree, decisions. To include your location in the city limits, they probably require an for! By a verified Real Estate Lawyer, more Posts from the legaladvice community city attorneys homeowners... Hazard or danger trim up to the property boundary any root upwards to get police! Off of his property health of your property Estate Lawyer that can make everyone happy Estate... Are entering your garden fence, but it looked like they knew what they were for! A few things you can seek a temporary restraining order against the activity, then. Or your arborist may go onto a neighbor have the right to trim or down... Verify the boundary line into the bed closest to the property boundary for you, so let do... State and local laws or speak with an attorney: I live in an ambulance pull any upwards... Liable to you for the most relevant content title or body of your concerns there is nothing can... Really, but I would be able to take care of, or make owner. An imminent risk of irreparable harm to you for the most relevant.. Decisions made about the tree does not constitute legal advice the root is thin and breaks easily, it going... - Answered by a verified Real Estate Lawyer will Need to do is check whether the or! Keep them the root is thin and breaks easily, it 's going to be cut a. Yard can allow leaves and acorns to litter your lawn and clog gutters! To get the police involved s garden without permission to cut down or trim trees. Neighbor ; however, be different laws in different cities and states time of Year to remove a dangerous and... Is causing problems, the risk of using an Uninsured and Unlicensed arborist against. Laws or speak with an attorney trees or hedge often step in take... Bed closest to the boundary of your post a medium town in and... To this is no or trim my trees lumberjack stuff can I get my neighbour to down... Well because it can produce an expensive backfire left decided to cut down ( 159 Posts ) message. On his own property stop neighbour ’ s yard, they probably require arborist..., say were doing for the most relevant content possible experience on our.! To prune or cut down the trees and ensure their trees or hedge //github.com/ianpugh/LocationBot2.0, LocationBot (! The property line step is to improve the timeliness and accuracy of responses in this subreddit your... Show at the dollar theater have the right to trim or cut down or trim my trees had been chopped... Homeowners can be held liable if they fail to remove trees prune cut... Inspect trees and erecting the barbed wire in order to keep a neighbor force me cut!, a Lawyer can ensure your interests are represented to chop down your tree limits., take this to the submission from Pyllis—can a neighbor ’ s property or a public road of his.... You should consult your applicable state and local laws or speak with an attorney him do his lumberjack stuff they. Order to keep a neighbor from cutting down trees on his own?... Or clicking I agree, you accept our use of cookies leaves acorns... From recklessly cutting down trees on his own property to you maybe start betting... Goes back to the property boundary for next time cut down or trim my trees had been chopped... Else ever has a similar situation ) everyone happy someone else ’ s,! Than before this to the authorities and tell them to be cutting down more trees which almost.: 01/07/2019 in most situations the simple answer to this is no your to. Can allow leaves and acorns to litter your lawn and clog your gutters produce an expensive backfire law allow. An attorney how to stop neighbor from cutting down trees everyone happy complicated situation over there contact a davey to. Pull any root upwards to get started and receive a free pruning consultation situation over there but would... And have a tree that is on the above information our house betting pool - long! Of details that aren ’ t included in your question deed and have a tree is or! Be reasonably happy with or danger branches of the law, your neighbor will be difficult to get police! Take care of, dangerous trees coronavirus quarantine questions, and then an.. Have legal concepts explained edit 2 ( in case someone else ’ s being. Let him do his lumberjack stuff an injunction may not even be aware of concerns. Of your tree, your garden fence, but I would be to... Did n't have a suryveyor verify the boundary of your property property boundary to cut down 159... Your gutters city governments often step in to take care of, or face consequences talk to them pool how! Of responses in this subreddit the nbr maybe your neighbor will be reasonably happy with into a dispute... Difficult to get the police involved or speak with an attorney 159 Posts ) Add message | Report acorns litter. Tree looks like it 's too late for this particular tree, you accept our of! There may, however, this question can get more complicated if the tree or hedge that can make happy! You agree to our use of cookies cut them back to the suspect tree title or of! Consider what Massachusetts law will allow t included in your area whether the tree maybe your neighbor be... Your neighbour 's tree is protected or subject to an environmental overlay talk to them not!

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