‘Letters To Serve Your Neighbors RE: FENCING’. My neighbors tree is damaging my fence! Most cities make it clear if trees are public or private, based on the location of the trunk. Your neighbor won't necessarily be liable for healthy branches falling on your land. “My neighbors tree is damaging my fence. He will not cut the tree or contribute to replacing the fence. {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"If my neighbor’s tree is damaging my fence, what should I do? Unlike the 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. Hi My neighbour has a yellow laburnum the whole tree is poisonous. There is a tree on his side of the fence that, as the trunk has grown, has caused damage to the fence. The roots have grown under the fence and have pushed the fence over. The fence was there before the tree was planted. ","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. 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. 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. The tree is very close to the fence. That's because your property (the portion of the tree that's on your side of the property line) is not damaged). And if the branch is on his side of the fence, you cannot cut it yourself. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. 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. 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. A: Are the trees fruit-producing trees and part of a crop of your neighbors? Hi there, My mothers back garden has a broken fence caused by a large tree in the neighbours garden. The roots have grown under the fence and have pushed the fence over. 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. It is advisable to speak to your neighbor first stating your intentions. You can only trim up to the property boundary. The tree has a single branch that pushes up against my tree. www.alldayfencing.com/adfcouncil.php#trees, ‘Letters To Serve Your Neighbors RE: TREES’. By continuing to use this site you consent to the use of cookies as described in … 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. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. What rights do - FS. We use cookies to improve your experience. Change ), You are commenting using your Facebook account. The neighbor has a huge tree in their back yard and the tree trunk is pushing my fence over (it is my fence) I tried talking to him to suggest he do something about the tree and then we could perhaps split the cost of a new fence. All legal content, insurance rates, products, and services are presented without warranty and guarantee. Change ), You are commenting using your Twitter account. Tree on Fence. Can I force its removal? My … Laws may vary from state to state, and sometimes change. Please wait a few minutes and refresh this page. “If the neighbor’s tree falls on your house, it’s your problem,” says Gary Blackwell, an independent insurance agent based in Corinth, Maine. The plant would then be trimmed and maintained to this height by the owners of the trees. If no agreement can be reached your best action will be through your local government office. ( Log Out /  Quotes and offers are not binding, nor a guarantee of coverage. 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. or an attorney's conclusion. 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. 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. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. 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. Even though the tree is on your neighbor's property line, trimming branches that fall over on your side, such as those coming over a fence, is your responsibility, according to the American Bar Association. He refuses to cooperate in any way. Failing this you can send them a well drafted letter stating your intentions and their responsibilities. My Neighbor Cut Down My Tree - Damages. heres the plans.. How to build a simple pergola for your home, DIY plans. 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. Error: Twitter did not respond. Copyright © 1995-2020  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. Exceptions Where both neighbors agree to rectification of the problem and an agreement on costs can be reached there is no problem. If visible surface roots from your neighbor's tree are invading your yard and cracking your wall or fence, the neighbor is liable for their removal. 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. For instance, if a neighbor trims the part of your tree that hangs over the property line, making that part of the tree look terrible but not harming it in any way, you have no right to recovery. Answer: I built my own fold away attic ladder, Easy! 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. Trees and their location can often cause much disagreement between neighbors. Before removing any trees always check with your local government for approval prior to any work. 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. Re: Neighbor's Tree Trunk is Breaking My Fence Apart Read this article and if you still have questions, come back and ask. Again, these laws can differ in each state, so be sure to look up the exact law in your area. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Change ). Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be A few branches overhanging onto your side of the fence isn’t necessarily a big deal, depending on their size and location. There are some things to consider if you have a problem with a tree on a shared property line: 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. The base of the fence is … ( Log Out /  My question involves real estate located in the State of: Colorado My neighbor and I have a fence in between our two properties. ( Log Out /  Disclaimer: 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. 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. 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. 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. 2.4 Although encroachment is an aspect of many tree disputes, it is not always a factor. The branches belong to the owner of the tree. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Find the right lawyer for your legal issue. Print the letters you require for notification, costs and works completed and claim your share of the cost from your neighbor. Trees that may have started out small and manageable have a natural tendency to grow and mature so that, in time, branches overhang a property line. Please advise.--Jasmine, Bear, DE. 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. 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. Can I legally tell him to cut the branch that is damaging the fence? If you have suffered property or fence damage caused from a tree, or a falling tree, a property insurance claim should be lodged by the owner of the tree. For more info visit www.alldayfencing.com/adfcouncil.php#trees. 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. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. 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. 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. 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. The branches of the tree have grown against the back of the fence and I can’t have the fence repaired without the neighbor removing or trimming the tree first. 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