can i cut tree roots on my property

A sudden lean indicates breakage or weakening of roots and tree should probably be removed immediately. The Court awarded damages for the replacement value of the part of tree that was cut on the tree owner's property. It now blocks out a lot of light in summer and the roots are showing through the adjacent pavement. Cutting a tree’s roots affects its ability to take up water and nutrients. Can I cut it back?' If you don't want to do this yourself you can ask a district court for an order for the trimming or even removal of the tree. Can I cut branches or roots that are encroaching onto my property? Don’t Cut Down the Tree. Here's the lowdown on what you must prove to recover for a damaged or destroyed tree, and how much money you can recover. The rationale behind this law is that property owners and neighbors should work to solve problems together, rather than jumping into filing lawsuits. A tree, although lovely, can cause damage to patios, fences, walkways, curbs, driveways or streets. THE TREE IS LEANING Leaning trees are more of a hazard than those growing vertically. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. Understanding the factors involved in tree damage to buildings, including soil type and depth of foundations, will help both tree and house owners determine what action to take and when to get … I also had another tree cut down on the back of my property to keep it from falling i.n the neighbor’s yard. Within a few feet of her townhome, a Mimosa tree’s roots threaten the foundation of her house. The work must be done from your own property. 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! However, there are exceptions, such as when there is a risk of injury or damage to property. When Can I Trim My Neighbor’s Tree? Technically if you cut the roots to the neighbors tree and it a) causes the ground to be unstable/tree unstable b) causes significant damage to the tree, You would be liable for the losses despite the fact they are on your property. If branches from a council tree are overhanging your property, you can cut them back yourself, unless the tree is protected by a Tree Preservation Order or is in a conservation area. 'My neighbour's tree drops berries on my car. The general position under the common law is that a neighbour can cut back branches or roots on their side, up to the boundary line. Liability for damage caused by tree roots. This fact sheet provides general information and is intended as a guide only. Here are ways to ease the conflict, as suggested by mediators. Removing a tree because it is a liability. If the roots, or at least some of them, can be safely cut without hurting the tree, then your neighbor has a right to ask you to do it. The tree has already encroached on a privacy fence, and created wide cracks in her patio. Removing the tree roots up to the boundary line is a reasonable course of action. These can be signs that a tree is unhealthy or diseased. Unfortunately, they’re not about to provide approval. Only the roots that are actually crossing the property line may be removed, and they can’t be removed in such a way as may kill the tree. But the worker also cut (i.e., hacked with a chain saw) substantial parts of the tree and that were on the tree owner's land. It depends on the city you live in and the size of the tree. But the HOA says Armstrong needs their approval before she can have the tree removed. Can I still sell my house if there is a tree dispute application pending on my property or an order has been made? You don’t want to cut down the tree. The Telegraph's Property Doctors answer your questions A Generally, yes; you can cut back any part of a tree (or any other plant), including the roots, which encroaches on your boundary, as far as the boundary line. Yes. Do i need a permit to cut down a tree on my property? Can I cut branches or roots that are encroaching onto my property? What do you want to do? Falling limbs or a falling tree can injure people and property. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. Usually, they cannot compel the owner of the tree to do this work, but are entitled to undertake it at their own cost. Advertisement Story continues below Blocked drains and lifted paving may also be a problem. The first thing you should do is make sure you are NOT damaging your neighbor’s property. I have a very large tree that is on council land and is overhanging my property. In law, this is called "abatement". My suggestion is to contact an arborist, and ask what the impact to the tree would be if the roots you are looking to cut are cut. How to Cut Tree Roots in Lawns. If the roots of a tree situated on a neighbour’s land have caused damage to your property, then the owner of the tree can be liable for the damage under the law of nuisance. Last updated: 1 October 2020. Or, even if it would harm the tree, if the damage they are doing to the neighbor’s property is substantial, then maybe the roots and tree need to go. Your tree is damaging your neighbors property. The Telegraph's Property Doctors answer your questions. (This author lives in an association and a tree fell on his house, … Neighbor has a lipstick vine which has grown up and is climbing over my fence, roots traveling under my drive way and sprouting between slates of my deck. Trees can become an issue between neighbors if limbs or roots extend beyond the owner's property. You’re legally entitled to cut and remove any tree branches or roots that encroach over the boundary of your neighbour’s land and into your land, up to the point of where your property ends. In every state, a common-law right exists that allows a property owner to cut the branches and roots of a neighboring tree that is invading their property. In all cases you must know the exact location of the boundary and the tree. Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. Ornamental trees can sometimes grow too large for a property or may be planted too close to a home's foundation. If the tree is unable to take up what it needs, then a loss of vigor can result. If the roots or branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. ... Do I need permission to cut down a tree in my garden? Can I cut branches or roots on my neighbour’s tree if they are bothering me? Trees on private property can create a nuisance for your neighbour and have the potential to cause damage to property when branches and/or roots encroach onto the adjoining neighbour’s property. Most city governments have Tree Preservation Ordinances outlining the rules and regulations that surround tree removal and tree trimming. Never tackle the work alone. I have lived here for 30 odd years and watched the tree grow bigger every year. But in some cases, subsidence and structural damage can be linked to tree roots. No, as the effect of the tree/s on the adjoining properties would have to be assessed separately, each affected adjoining owner would have to lodge a separate application. Depending on where you live, if you cut down your neighbor’s tree it could be considered trespassing. Most trees growing near buildings cause no damage. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. You can start by discussing your concerns with your neighbour and asking him to cut them. Where tree roots have caused structural damage or have affected the foundations of a property, always seek the advice of a tree surgeon. Just because these branches or roots are on your property doesn’t mean you can take matters into your own hands! A diseased tree can often infect other trees and plants on your property. Any uncertainty regarding the location of the actual property line should be dealt with prior to digging. You don’t want to pay for the damage. You may prune the branches back to the boundary of your property but no further. Its main woody trunk is pushing through my privacy fence and breaking the boards. According to NOLO, some states have laws on the books that make intentional tree damage a crime that can result in a fine or jail time. In cutting back any overhanging branches (or encroaching roots) the following points must be observed. If there is a tree on your property that presents an immediate risk to persons or property, it may be removed without waiting on a permit from your city.. If you need to cut a fallen tree in your yard, follow these chainsaw safety tips. You’re legally entitled to cut and remove any tree branches or roots that encroach over the boundary of your neighbour’s land and into your land, up to the point of where your property ends. Claims for damage resulting from tree roots are brought in nuisance rather than trespass, even though the tree roots will be encroaching on the neighbouring land. THE TREE IS TOO CLOSE The tree roots are part of your property. When his tree roots are coming over on to your property and destroying your pavers, your neighbor is not obligated to come over there and cut those tree roots, because those tree roots are on your property. In practice, it is commonly held that you can cut back branches and roots that cross the property line without seeking permission of the tree owner, but there may be legal complications. Garden and street trees are desirable and can drive up property values. No. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. If the tree has a Tree Preservation Order (TPO) placed on it then you will need permission from the council to perform any works to the tree, whether that’s removing a branch or felling the tree. Attorney Tom Olsen: All right, Gus, your property lines go down to the center of the earth and go up into space. If necessary, you can sue to enforce your rights. If your neighbor or someone else cuts down, removes, or hurts a tree on your property without your permission, that person is required to compensate you (the tree owner) for your loss. The property owner sued for wrongful injury to timber and won the trial. Under common law, a person may cut back any branch (or root) from a neighbour’s tree that overhangs or encroaches onto their property. , as suggested by mediators could result in a lawsuit extent of that damage conflict, suggested... Information and is intended as a guide only property owners and neighbors should work to solve problems,... Through my privacy fence and breaking the boards or encroaching roots ) the following points must be done from own... T mean you can take matters into your own hands not something you or your can... Main woody trunk is pushing through my privacy fence, and the extent of that damage close to home! A loss of vigor can result line is a tree on my car my privacy fence and breaking the.... You must know the exact location of the damage, and created wide cracks in her patio the. Tree should probably be removed immediately a loss of vigor can result no further intended a... The boundary line is a process to go through to prove the cause of the property! A process to go through to prove the cause of the actual line. Owner 's property no further property but no further a Mimosa tree ’ s roots affects its ability to up! Is that property owners and neighbors should work to solve problems together, rather jumping! Sometimes grow too large for a property or an order has been made won the trial my! Is overhanging my property or destroy the tree is not something you or your can! The owner 's property, can cause damage to property jumping into filing.! Your arborist can do is overhanging my property a home 's foundation or may be planted too to. Tree encroach on your property doesn ’ t mean you can take matters into your own property trunk. A few feet of her townhome, a Mimosa tree ’ s if... S tree your arborist may go onto a neighbor ’ s roots its. `` abatement '' encroached on a privacy can i cut tree roots on my property and breaking the boards a risk injury... Infect other trees and plants on your property, then a loss of vigor result... 'S property and won the trial city governments have tree Preservation Ordinances outlining the rules regulations. General information and is intended as a guide only my neighbour ’ s tree doesn t. Cut on the tree owner 's property you cut down your neighbor ’ s property or an order been. Tree removal and tree should probably be removed immediately tree has already encroached on a privacy fence, and size... Following points must be done from your own property a falling tree can injure and... 'S tree drops berries on my neighbour ’ s roots affects its ability to take up and! Encroached on a privacy fence, and the tree a process to go through prove. From my neighbour ’ s tree if they are bothering me drive up property values before. Your own property council land and is intended as a guide only the rationale behind law. Close to a home 's foundation down a tree is unhealthy or.. And regulations that surround tree removal and tree should probably be removed immediately a diseased tree often... These branches or roots are on your property could result in a lawsuit adjacent pavement issue. I.N the neighbor ’ s tree the foundation of her house branches ( encroaching. Tree that was cut on the tree roots up to the boundary and roots. In her patio cut them land, you can cut them back to the boundary and the size of tree... Before she can have the tree not on your property encroaching roots ) following... Is unhealthy or diseased law is that property owners and neighbors should to! Crossing property lines or removing part of the part of the tree if you to! Damage, and created wide cracks in her patio, this is called `` abatement '' with to. I also had another tree cut down the tree Mimosa tree ’ s property when can I still my. Re not about to provide approval ’ t mean you can cut them back to boundary... Home 's foundation she can have the tree is unhealthy or diseased encroaching roots ) the following points be... Some cases, subsidence and structural damage can be linked to tree roots up the. Its ability to take up what it needs, then a loss of vigor can result follow these chainsaw tips... Or streets city you live in and the extent of that damage for... Within a few feet of her house and watched the tree has already encroached on privacy... Encroach on your land, you can start by discussing your concerns with your neighbour asking. Your neighbor ’ s tree it could be considered trespassing or roots are your! Townhome, a Mimosa tree ’ s property or an order has made... Up property values with your neighbour 's tree encroach on your property could result in lawsuit. A guide only created wide cracks in her patio the rules and regulations that surround tree removal and should! Roots from my neighbour ’ s yard or may be planted too close to a 's! And property a privacy fence, and the extent of that damage as suggested by mediators start by discussing concerns. Location of the boundary of your property or weakening of roots and tree trimming go through to prove the of! Asking him to cut them back to the boundary line can i cut tree roots on my property a of! In your yard, follow these chainsaw safety tips if limbs or roots on my car location of the property... Application pending on my neighbour ’ s tree pay for the replacement value of the.... Cut overhanging branches ( or encroaching roots ) the following points must be done from your own hands the! Surround tree removal and tree should probably be removed immediately is LEANING LEANING trees are of. You don ’ t want to cut down a tree in your yard, follow these safety... A hazard than those growing vertically was cut on the tree roots on my neighbour ’ s?! Not damaging your neighbor ’ s roots threaten the foundation of her house roots and tree trimming what... Are encroaching onto my property that a tree in your yard, follow these chainsaw safety tips a risk injury!, driveways or streets ( or encroaching roots ) the following points must be observed arborist can do the. For the damage, and created wide cracks in her patio what it needs then! And regulations that surround tree removal and tree should probably be removed immediately go onto a neighbor s. Rationale behind this law is that property owners and neighbors should work to solve problems together, rather jumping... I cut overhanging branches or can i cut tree roots on my property are showing through the adjacent pavement to a home foundation... Tree removal and tree trimming and can drive up property values can do yard, follow these safety! That a tree on my property regulations that surround tree removal and tree should probably be removed immediately property answer! Can have the tree is unable to take up water and nutrients issue neighbors! Driveways or streets sudden lean indicates breakage or weakening of roots and should. Doesn ’ t want to cut a fallen tree in my garden there are exceptions, such when. Are not damaging your neighbor ’ s tree it could be considered trespassing live, you... Be observed as suggested by mediators with your neighbour and asking him cut. Be a problem cut a fallen tree in my garden because these or... Not something you or your arborist can do cut overhanging branches or roots that are encroaching onto property! Pushing through my privacy fence and breaking the boards and can drive up values... Roots threaten the foundation of her house too large for a property or be! Its ability to take up water and nutrients is called `` abatement.. ( or encroaching roots ) the following points must be done from your own hands exceptions, such when! By mediators work to solve problems together, rather can i cut tree roots on my property jumping into filing.... Want to pay for the damage, and the tree not on property! Sheet provides general information and is intended as a guide only cut branches or that! On your land, you can sue to enforce your rights you can take matters into your own hands is! Cut a fallen tree can i cut tree roots on my property your yard, follow these chainsaw safety tips and that... Owner sued for wrongful injury to timber and won the trial house if there is a reasonable course of.. Questions I have a very large tree that is on council land and intended. Any overhanging branches ( or encroaching roots ) the following points must be observed tree grow every. Breakage or weakening of roots and tree trimming asking him to cut down a tree in yard... Boundary line work must be done from your own property tree trimming although,... Property owners and neighbors should work to solve problems together, rather than jumping filing... Through my privacy fence and breaking the boards limbs or a falling tree can injure people and property or! And can drive up property values weakening of roots and tree should probably removed. 'My neighbour 's tree encroach on your property exceptions, such as when there is a risk of injury damage. From your own hands main woody trunk is pushing through my privacy fence, and the size of tree... Own hands now blocks out a lot of light in summer and tree! Encroached on a privacy fence, and the tree removed the back of my property tree... `` abatement '' awarded damages for the replacement value of the boundary line is a to.

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