Do I need permission to cut overhanging branches?

If a tree’s branches overhang into your property from a neighbour’s, you can trim them, but only up to the property line. You can’t lean into the neighbour’s garden to do this, though, as it constitutes trespass. If a hedge grows along the boundary between two gardens, both neighbours are responsible for trimming.

Can you force a neighbor to trim their tree?

No! Crossing property lines to trim or cut down a tree is not something you or your arborist can do. 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! If the tree trunk sits entirely in your neighbor’s yard, they’re the owner.

Can I cut neighbors branches?

As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. For trees that require a permit from the council, you will also need your neighbour to sign a permit application form for the council to approve any tree works.

What is the law regarding Neighbours overhanging trees?

You have a common law right to cut back tree branches that overhang onto your property. 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.

Who is responsible for pruning overhanging branches?

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. You do not have to return anything you trim from the neighbour’s tree but you may do so.

Can I trim my neighbor’s tree if it hangs in my yard?

If my neighbor’s tree branches hang over my yard, can I trim them? Yes. By law, you have the right to trim branches and limbs that extend past the property line. You may not go onto the neighbor’s property or destroy the tree.

Who pays to cut 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.

Who is liable for overhanging trees?

The responsibility for the tree and any damage it may cause is that of the tree-owner. If his tree damages your property then he is liable. Should the situation become a legal dispute then you may be covered for your legal costs.

How high can a Neighbours trees be?

2 or more mostly evergreen or semi-evergreen trees or shrubs. over 2 metres tall. affecting your enjoyment of your home or garden because it’s too tall.

Is it legal to trim a neighbor’s tree?

If limbs or branches belonging to a neighbor’s tree extend over your property line, you are legally allowed to trim the areas hanging over your property. To trim them, however, you must stay on your own property – no going over to the neighbor’s yard for a better angle when cutting.

Can you legally cut branches hanging over your property line?

Know Your Branch-Trimming Rights If limbs or branches belonging to a neighbor’s tree extend over your property line, you are legally allowed to trim the areas hanging over your property. To trim them, however, you must stay on your own property – no going over to the neighbor’s yard for a better angle when cutting.

Who is responsible for cutting overhanging tree branches?

Overhanging Branches on Your Property. Even if the tree trunk is on your neighbor’s property, you have the responsibility for cutting any branches that extend onto your property line. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.

Can you cut down a tree that has spread into another property?

If the branches and or roots of a neighbouring tree spread into another property, they still belong to the tree-owner. Does that mean I can’t cut them down? You can cut back any overhanging branch that comes into your property.

If limbs or branches from your neighbor’s trees extend into your property line, you are legally allowed to trim the areas hanging over your property. When trimming them, however, you must stay on your own property. This means you may not go into your neighbor’s yard for a better angle when cutting…

Can you cut back a tree up to your property line?

You can cut back anything up to your property line. You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. 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.