Unfortunately, neighbor disputes can be quite common. We can’t choose the people who surround our home, but their behavior can sometimes have an impact on us. Noise issues, border disputes and improper car parking are some of the problems that can arise with our neighbours.
But what are the rules about growing plants that start encroaching on your property from your neighbor’s garden? when your Outer space is completely cut off, it can be irritating when slanting branches start reaching over the fence. For example, can you request your neighbor to cut down their plants and trees so that they are no longer on your property? Or can you cut off such overgrowth yourself? Read on to find out.
Can a neighbor cut down my tree without permission?
First, what are your rights if a neighbor tries to cut down a tree on your property?
When a tree or other plant that is on your boundary has grown so high that it is encroaching on your neighbor’s property, they are entitled to trim back part of their side at the boundary line without your permission. Hanging branches or roots can be a nuisance to your neighbors, but they don’t have to ask permission to cut them, as long as they can do so from the edge of the border.
What a neighbor can’t do is cut down any part of the tree on your border, come to your property to cut it down, or cut down the tree itself. Sometimes, a tree is planted directly on a border. In this case, it is considered the property of both houses, although a neighbor can still only cut it on their side and not tear it down without your permission.
Can you cut down a neighbor’s hanging tree?
When it comes to cutting down or cutting down a neighbor’s tree on your property, the same rules apply as above. You don’t need to ask permission, although there are a few things you’ll want to keep in mind.
First, you should prune back any part of the tree or plant that you removed from the edge of the border, including branches, roots, or fruit. It is their property and hence it is their responsibility to dispose of it. If they don’t want to take it back, that’s fine and it becomes your responsibility. Second, if you are removing any roots, you should do it in a way that doesn’t affect the tree or damage it in any way. If a tree is left unsteady and damages your home, your insurance provider Can’t pay, so it’s important that you understand what you’re doing when trimming roots.
Can I ask my neighbor to cut their trees?
Sometimes, simply cutting down a tree or plant from the edge of its border is not enough, and further work may be required. So what are the rules for asking a neighbor to cut back or take down their trees entirely?
Trees of significant height along the border can reduce the amount of light coming into your home. It’s always best to contact your neighbor to see if the two of you can come to an arrangement. Since your neighbor is under no obligation to reduce the height of their trees, you can offer to pay for the costs involved in the trimming operations. Before cutting down or severely altering a tree, you should make sure it is not protected by a conservation order. When this happens, only the local council can make changes.
If your neighbor does not agree to cut or uplift the trees, you may consider talking to your lawyer to get a work order under Section 45, Transfer of Land, Law Reform Act 2009 to reduce the height of the trees Huh.
This can be a very expensive option and you may wonder how it can affect the relationship between you and your neighbor.
Whichever route you take, never enter your neighbor’s property to cut down their trees or remove them completely without their permission. For doing so you could find yourself in front of a judge in circuit court with very high penalties.
Ultimately, the best way to resolve issues with overgrown plants is to talk to your neighbor. You might be surprised at how the conversation is going and they are more than willing to help you.