Old Michigan case law states that you can trim tree branches that cross over the property line onto your property. However, you cannot trim past the property line onto the neighbor’s side. However, in trimming that branch, you are putting yourself at risk for violating other Michigan laws.
Can a Neighbour cut overhanging branches?
Under common law, a person may cut back any branch (or root) from a neighbour’s tree that overhangs or encroaches onto their property. In cutting back any overhanging branches (or encroaching roots) the following must be observed: you must not trespass onto the land on which the trees are growing.
Can my Neighbour cut my tree without asking?
Entering someone’s property, without permission, to cut a tree would undoubtedly be illegal. You may need to take matters to court. It depends which came first – the tree or your garden.
Who is responsible for overhanging branches?
Removing branches overhanging your property. A tree belongs to the person who owns the land on which it grows. However, if you’re the owner/occupier of land over which the branches of a tree overhang, you are generally entitled to chop back the branches to the boundary line.
Can you ask a Neighbour to trim a tree?
You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it.
What is the law regarding overhanging tree branches?
The general principle governing overhanging branches, is that the owner is entitled to cut down branches which are overhanging over his property after having given the owner of the tree (his neighbour) reasonable notice to attend to the same (although there appears to be some discrepancy in the courts whether such
How do you deal with a Neighbours overhanging tree?
If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order.
What is the punishment for cutting trees?
But the sad thing is that even after knowing so much, people cut down trees indiscriminately. Section – 21 of the Maharashtra Preservation of Trees act, 1971, says about the punishment of cutting down the trees is a fine of rupees 1000 to rupees 5000 along with imprisonment ranging from one week to one year.
Can my Neighbour grow plants up my fence?
For creeping plants that will grow up and over your side of a neighbour’s fence, you must ask permission from the owner of the fence, which will likely be graciously given.
Do I have to cut my hedge on my neighbors side?
Both you and your neighbour should be trimming each other’s respective side of the hedge. You are free to cut back roots or branches that are within your property’s boundaries. However, you’re only allowed to trim the growth on your property.
Who is responsible for Neighbours overhanging trees?
Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don’t like the way it looks, it’s up to you whether you do the work.
What happens if my Neighbours tree falls on my house?
If your neighbour’s tree falls on your house, your own house and property insurance should cover you, similarly if your tree is blown onto your neighbour’s property their home insurance should cover him.
Can I throw my Neighbours branches back NSW?
Can I throw branches back over the fence? Yes, you can return the waste from the tree to the owner since they are their property. However, before doing so, you have to ask for permission to avoid trespassing.
Who is liable for damage caused by trees?
What can I do? A A tree is the responsibility of the owner of the land they grow on, regardless of who planted them. If a tree causes damage, the owner may be liable.
What can I do if a neighbors tree is blocking my light?
It’s always best to try to reach an amicable resolution by speaking to your neighbour direct about issues such as problematic tree branches. This is because legal disputes can become expensive, cause significant bad feeling and ultimately reduce the value of your property.
Can you throw your Neighbours leaves back?
The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them. Do not just throw trimmings back over the boundary – this could constitute ‘fly tipping’.
How high can a Neighbours tree be?
In general, there is no specific limit to the height that a tree is allowed to grow, but if the trees form a vegetative screen that is limiting a neighbours usage/enjoyment then it could be a High Hedge issue which Planning Enforcement would potentially get involved with.
Can I poison my Neighbours tree roots?
You should not put poison down to kill off the encroaching tree roots as poison is likely to kill the tree. It may also be worth exploring other options than removing the tree roots, such as the installation of a root barrier, to lessen the chance of damage to the tree.
What is the 7 year boundary rule?
So this is different from the so called ‘Seven year rule’ which comes from Section 157(4) of the Planning and Development Act 2000. This means local authorities can’t serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development.
Can I force my Neighbour to cut his hedge?
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.
How do I stop Neighbours growing through my fence?
How To Stop Your Neighbours Plants Growing Through Your Fence
- Talk to your neighbour. The very first thing that you should do when you notice an issue like this is to have a friendly chat with your neighbour.
- Check the boundary line.
- Safely cut back plant growth.