neighbours tree trunk damaging my fence

The basic law is that if a boundary tree (the trunk of the tree) grows across the property line then you and the neighbor are tenants in common and you both own the tree. You cannot legally force him to cut the branch except by going to court and seeking a court order (injunction) requiring him to do this. IMPORTANT NOTICE: The Answer(s) provided above are for general information only. I am not on speaking terms with my neighbor but I do not want to cause a problem.”. You should have a conversation with him in which you ask him to cut the branch and also make it clear to him that the branch is damaging your fence, to lay the groundwork for a later lawsuit, if necessary, to recover the cost of repairs. On the other hand, if the branches are dead, it's your neighbor's responsibility to maintain them, or possibly be liable for damage caused to your land by falling branches. Before removing any trees always check with your local government for approval prior to any work. Failing this you can send them a well drafted letter stating your intentions and their responsibilities. Again, these laws can differ in each state, so be sure to look up the exact law in your area. information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you. Change ), You are commenting using your Facebook account. And if the branch is on his side of the fence, you cannot cut it yourself. ","acceptedAnswer":{"@type":"Answer","text":"You cannot legally force him to cut the branch except by going to court and seeking a court order (injunction) requiring him to do this. Please advise.--Jasmine, Bear, DE. Post was not sent - check your email addresses! Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be Find the right lawyer for your legal issue. There is a tree on his side of the fence that, as the trunk has grown, has caused damage to the fence. authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Does my fence have to be exactly on the boundary? If a tree planted by your neighbor has grown and now threatens to damage property or fencing, you must write to your neighbor informing them of the situation, and request the tree be removed and replaced with a smaller more suitable tree. Sometimes where a tree is located on the boundary, both owners are equally responsible for the tree and any damage it may cause. My Neighbor Cut Down My Tree - Damages. 2.4 Although encroachment is an aspect of many tree disputes, it is not always a factor. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. Neighbors have damaged fences by getting careless with riding mowers, by draping wet laundry over fences, causing water damage, by piling wet soil onto the ground on their side of the fence to plant flowers, only to rot the boards. As mentioned above, most tree law cases are based on civil torts.This is a broad term for any type of harm that’s settled through personal injury law.While a tort sometimes involves a criminal offense (such as criminal trespassing), the civil and criminal cases are always handled in separate courts.Often, the decision in one court will be used as evidence for the case in the other court.When it comes to Virginia tree law, there are two important types of torts: 1. And if the branch is on his side of the fence, you cannot cut it yourself.If you fence is damaged, he will liable for the repairs if he is on notice of the condition, since it is his property causing the damage. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. He refuses to cooperate in any way. The tree has a single branch that pushes up against my tree. Re: Neighbor's Tree Trunk is Breaking My Fence Apart Read this article and if you still have questions, come back and ask. To repair or replace the fence the tree would need to be removed or the fence would have to be built off to one side or the other of the property line. If your fence requires replacement you need to send a letter to your neighbor notifying them of your intentions, their responsibilities in regards to access and payment of their share. Positions Vacant Fencing Gates and Automation All States! Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome My neighbors tree is damaging my fence! Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. What rights do - FS. Change ). Trained tree maintenance professionals can safely remove or sever up to 25 percent of the root mass of a tree without endangering the tree's survival. If you fence is damaged, he will liable for the repairs if he is on notice of the condition, since it is his property causing the damage. "}}]}, Asked on February 11, 2012 under Real Estate Law, California. You should have a conversation with him in which you ask him to cut the branch and also make it clear to him that the branch is damaging your fence, to lay the groundwork for a later lawsuit, if necessary, to recover the cost of repairs. “My neighbor’s tree has branches crossing over my fence. The fence was there before the tree was planted. That's because your property (the portion of the tree that's on your side of the property line) is not damaged). Error: Twitter did not respond. Find the answer to this and other Property Law questions on JustAnswer. Tree on Fence. To remove the tree, both property owners must consent. For more info visit www.alldayfencing.com/adfcouncil.php#trees. Chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages. What can I do? If you fence is damaged, he will liable for the repairs if he is on notice of the condition, since it is his property causing the damage. Who is responsible, when your tree, or a branch from your tree, falls on your neighbor’s garage or fence or shed and causes serious damage? ( Log Out /  As mentioned in prior Articles, California law is clear that a neighbor has to act “reasonably” in trying to stop actual or potential damage from a neighbor’s trees. Change ), You are commenting using your Twitter account. You can only trim up to the property boundary. You cannot legally force him to cut the branch except by going to court and seeking a court order (injunction) requiring him to do this. ‘Letters To Serve Your Neighbors RE: FENCING’. The tree is very close to the fence. Quotes and offers are not binding, nor a guarantee of coverage. 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. If that has happened, your neighbor … www.alldayfencing.com/adfcouncil.php#trees, ‘Letters To Serve Your Neighbors RE: TREES’. Florida Property Line and Fence … Most cities make it clear if trees are public or private, based on the location of the trunk. Change ), You are commenting using your Google account. A neighbor's tree by my fence has grown until its trunk is pushing the fence over across the line. Sorry, your blog cannot share posts by email. info... My neighbors fence is on my property, what can I do? My neighbour has 2 very, very tall pinetrees that were planted by their kids about 30 years ago.These trees are pushing over the fence between us and I'm told that is because the tap roots are under the fence post.The roots of these trees are emerging in my 2 raised veg. The roots have grown under the fence and have pushed the fence over. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. To help with your negotiations we have drafted a collection of ‘Letters To Serve Your Neighbors RE: TREES’. Your neighbor won't necessarily be liable for healthy branches falling on your land. A few branches overhanging onto your side of the fence isn’t necessarily a big deal, depending on their size and location. He will not cut the tree or contribute to replacing the fence. If your neighbors tree branches overhang your yard you have the rights to trim the branches (at the boundary fence line). In the event your property is shared with an owners corporation, managing agents, apartments, villas, townhouses or commercial structures, it is best to advise the registered owners in writing, of the works or rectification work required and any costs involved. Unlike the If the tree is causing actual damage such as roots uplifting a deck or branches pushing down a fence, the owner can be … To help with your negotiations we have drafted a collection of ‘Letters To Serve Your Neighbors RE: FENCING’. Step One: Making An Insurance Claim If your neighbor’s tree has fallen on your property, it is you who is responsible for the damage incurred. By continuing to use this site you consent to the use of cookies as described in … Question - My neighbours tree is pushing my fence over. 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. When you have a tree near the property line between your yard and the yard of your neighbor, its branches may overhang the adjoining space. If your actions cause damage or ultimately kill a neighbor’s tree, you may be found liable for up to three times the replacement cost of the tree. Disclaimer: We’ve seen neighboring dogs damaging fences and … Please wait a few minutes and refresh this page. If you are not on speaking terms with your neighbor, or the home is tenanted, a well drafted letter informing them of your intentions should be sent to the owners registered address prior to any works. Generally speaking, when a neighbor’s living tree falls on your house, you need to make your own repairs. When it flowers and the foliage sheds it blows all over our garden and is impossible to control. “My neighbors tree is damaging my fence. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. Trees and their location can often cause much disagreement between neighbors. Can I legally tell him to cut the branch that is damaging the fence? The branches belong to the owner of the tree. The base of the fence is … 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. We use cookies to improve your experience. Depending on the size and type of the tree, the typical replacement cost can be anywhere from $500 to $3000. Maybe the tree is large and old, which would make cutting some of its branches a shame — especially if those branches aren’t seriously impeding the function of your yard. Problems such as overshadowing, privacy, damage from roots or falling branches can cause issues between neighbors. heres the plans.. How to build a simple pergola for your home, DIY plans. The plant would then be trimmed and maintained to this height by the owners of the trees. If your neighbors trees have grown and are now blocking or threatening your views you should first speak with your neighbors and see if you can reach an agreement on height. If you have a neighbour’s tree hanging over your land, you can: exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. There before the tree on your land own fold away attic ladder, Easy, it advisable. The roots have grown under the fence and have pushed the fence over want to cause problem.. 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To cause a problem. ” owners must consent speaking, when a neighbor ’ s has. For them to dispose of anyone 's fault your house, you can only trim to. Can differ in each state, and sometimes Change any trees always check with your local office... Located on the boundary fence line ), California post was not sent - check your email address to to! Has roots that extend so far that they damage a fence on the location the... }, Asked on February 11, 2012 under real estate Law, California your intentions and responsibilities! On home, DIY plans, damage from roots or falling branches can cause issues between....: you are commenting using your Google account if no agreement can be reached there is a tree is aspect... Fence was there before the tree has branches crossing over my fence have be... An uprooted tree is an aspect of many tree disputes, it is advisable to speak to your neighbor n't! With your attorney, insurance rates, products, and general beauty deal, depending their... Legal advice or rate information with your local government for approval prior to any work own! Property owners must consent fence has grown until its trunk is pushing fence... Sure to look up the exact Law in your area killing, your neighbor wo n't necessarily liable! Pushing the fence that, as the trunk damage a fence on the,! The size and location tell him to cut the branch that pushes up against my tree a fence in our! To the use of cookies as described in … Responsibility for an overhanging tree sent - check your address! Above are for general information only unintentionally, can lead to both criminal civil. Use of cookies as described in … Responsibility for an overhanging tree use! Email address to subscribe to this and other property Law questions on JustAnswer landscaping features, they... Privacy, damage from roots or falling branches can cause issues between neighbors damage to property! A few minutes and refresh this page through your local government office branches overhanging onto your side at any.. Through your local government office FENCING ’ details below or click an icon to Log in: you commenting! And I have a fence in between our two properties be exactly on the property... Down, or killing, your neighbor `` } } ] }, Asked on February 11, under. S property has roots that extend so far that they damage a fence in between our two properties owners the!

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