If your neighbor is unwilling to remove a dangerous tree, you may have to go to court. A real estate lawyer can help you take the proper steps to remove the dangerous tree. If you chose to sue for damages, a real estate attorney can file the necessary paperwork and represent you in court.
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Legal Disputes Concerning Trees: A Beginner’s Guide. This post is coauthored by Barbara Bavis, instructional librarian, and Robert Brammer, senior legal reference specialist. It is said that good fences make for good neighbors. The same might not be said for trees, which are a frequent source of litigation among neighbors.
Removal of trees can also result in unintentional legal problems under local tree ordinances. Attorney Jeffrey Williams can assist in defending property owners, builders, and developers in code enforcement actions brought against them. Tree Issues affect Zoning, Home Construction and Remodels. Trees can also become a thorny issue in regard to site development and zoning …
Real Estate Attorney Jeffrey Williams can assist land owners in recovering money damages for nuisance and trespass due to cutting of trees, and the killing of shrubs, grass and vegetation by herbicides. Trees and Local Tree Ordinances in Los Angeles County. Removal of trees can also result in unintentional legal problems under local tree ordinances.
May 21, 2019 · Things like, who owned the fallen tree, what type of property did the tree damage, and what state was the tree in when it fell would be important in determining coverage. If a tree damaged a policyholder’s home, for example, his or her …
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.
The owner of the land upon which the tree is situated is usually the one who is liable for damage caused by the roots of that tree. However, an occupier of land in question (for example, a tenant) may also be liable if they are in the position to take steps to 'abate' (bring to an end) the nuisance.
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.Sep 13, 2021
It is actually a criminal offence to do this and you could be charged for damages if the neighbour wishes to press charges. Your legal limit is to cut to the property boundary of the garden in which the tree was originally planted.Sep 15, 2019
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.Feb 15, 2018
Tree roots If your home is damaged by roots or you experience subsidence or heave, your home buildings policy should provide you with cover if you need to make a claim. You're not usually covered if a tree root blocks or causes a drain to collapse.Jul 15, 2019
Typically, any damage to houses which has been caused by falling branches or trees is covered by home insurance policies – it's worth reviewing the wording of your existing or potentially new cover for any exclusions to this.
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.Feb 18, 2022
Some believe that there is a 7-year limit on adverse possession, meaning that a squatter can take ownership of land after they have been using that land without the owner's permission for a certain amount of time.Dec 6, 2021
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. If you live in a conservation area, or the trees in the hedge are protected by a 'tree preservation order', you might need your council's permission to trim them.
You cannot force your neighbour to remove overhanging branches or fallen leaves on your property. However if these cause excessive damage, you can sue them for the cost of repair.Jan 21, 2022
The only time tree work can proceed in a Conservation Area without council permission is when it involves cutting down, lopping, topping or uprooting a tree that has a diameter less than 75mm, or cutting down or uprooting a tree with a diameter less than 100mm so as to improve the growth of another tree.
The current legislation on high hedges comes under Section 8 of the Anti-Social Behaviour Act (2003). This allows councils to take action where the hedge has grown to a height where the hedge is adversely affecting the complainants reasonable enjoyment of their property.
You can also complain to your local authority under the Anti-Social Behaviour Act 2003 if the height of a high hedge affects your enjoyment of your property.Jun 21, 2016
The Rights of Light Act 1959 states that if a property has received daylight for the last 20 years (the minimum prescribed period), you may be entitled to continue to receive that light. Your local planning department can advise on your rights.
If a hedge grows along the boundary between two gardens, both neighbours are responsible for trimming. If a hedge belonging to a neighbour grows into your garden, you can trim it but, as with tree branches, you must return the trimmings to the owner.May 2, 2018