If you wish to report an overhanging plant, sign or other potential obstruction, or require further information, please contact Council . Debris From Overhanging Branches . A Council or Highways Agency may serve notice on the tree owner to require adequate clearance of hedges or trees encroaching onto pavements or roads. Contact the nearest council. Who Is Responsible for Maintaining the Tree? You must also check the law in your state, county or city to determine if different rules may apply to you. Fines may also be issued for the overhanging vegetation and not responding to a Notice to Comply. These ordinances allow you to sue your neighbor to force your neighbor to remove a tree (or the branches of a tree) that is blocking your scenic view. Homeowners can refuse this, but the authorities are within their power to remove the trees without consent. Firstly, check with your local council, to see whether the tree is protected or subject to an environmental overlay. How to report an overhanging hedge Maintaining a hedge is the responsibility of the landowner. A tree that is located on the boundary line cannot be removed unless both parties agree to do so. The Local Authority may notify the owner in writing if the tree is or likely to be a hazard and require him/her to take appropriate action. Trees overhanging boundaries ... including any fruit, returned to them. If your tree or a portion of your tree falls onto your neighborâs property and the tree was well maintained with no sign of disease or rot, any damage caused will be your neighborâs responsibility. If you own land or property that includes trees that are close to a road or pavement, you must make sure they are safe by arranging for them to be regularly inspected, preferably by a specialist. Vegetation obstructions can affect footpaths, pathways, roads and laneways, but more importantly, overhanging vegetation presents a hazard to the public using footpaths particularly people using prams and wheelchairs. With rapid growth seen at this time of year, trees and hedges often spread over boundary lines into other peopleâs properties. If your neighbour does not resolve the issue to your satisfaction, you can contact Council for advice. These ordinances are very specific, so if you live in one of the few cities that has one, you need to research the law to determine if it actually applies to you. Can I prune overhanging branches from a neighbour's tree? footpath, berm, park, reserve, waterway or road median strip. What Are Tenants Improvements and Betterments? Victoria 3131, Australia, Phone: (03) 9262 6333 Fax: (03) 9262 6490 This survey will show you the boundaries of your property. Some trees are poisonous and may cause a health risk, such as yew trees. Residents can prune to their boundary line, in accordance with the Property Law ACT 1965, where offending vegetation is not a heritage and protected tree. Using this survey, you will be able to determine which trees fall within your property lines and which ones belong to your neighbors. If the branches of a neighbourâs tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbourâs property, as long as the tree is not under a tree preservation order. When you purchase a home, you are usually required to get a property survey. The rights and responsibilities of tree ownership are complex. If you do not have an existing property survey, or are unable to tell with the existing survey you have, you may have to have a new survey done and have the surveyor physically mark out the boundaries of your property. Most trees have a substitute fee of among $500 and $2500 in value. If the vegetation is still overhanging/encroaching, the property owner will receive a formal notice directing them to remove the vegetation. Any vegetation that is not confined to your property's perimeter and has the potential to affect public access is considered an obstruction. You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. For example, Chinaberry trees, Tree of Heaven, Rhus trees, African Olives and Privet. A tree that is one person’s pride and joy can sometimes be a source of worry and frustration to their neighbours. However, many trees are protected. Classification of a protected tree will vary among councils and may include specimen trees above a certain height, native vegetation, or even "blanket protection" of all trees in your area. If leaves, acorns, twigs or other debris from a neighborâs tree falls onto your property, you are responsible for cleaning this debris up. It is important to check to see if the tree is protected before you start any work. The following are general rules regarding overhanging tree branches. You must inspect your property for signs of diseased or rotten trees on a consistent basis. Erin Eberlin wrote for The Balance Small Business, covering rental management, tenant acquisition, and property investment. Under the Highways Act, property owners have a responsibility to keep vegetation on their property under control, to ensure safe passageway for buses and other vehicles. Overhanging branches or roots from a neighbour's tree coming on to your property can cause conflict. In this case, the Council held a significant and special measure of control over the safety of homeowners who brought to the Councilâs attention their fears that overhanging trees were dangerous. When overhanging or encroaching vegetation from a residential property is found, Council staff leave a notice in the letterbox of the relevant property. The branches of a neighborâs tree may hang over onto your property. If the tree is on private land then the landowner is responsible. If you have a concern about overhanging branches or tree roots encroaching on your property, your first step should be to talk to your neighbour and see if you can resolve your concerns. Local residents often tell Council that their walks around their neighbourhoods are made difficult because of overhanging/encroaching vegetation from private property. What Duties and Responsibilities of Real Estate Broker? Firstly, check with your local council, to see whether the tree is protected or subject to an environmental overlay. It is generally best to discuss your concerns with the tree owner beforehand, but under established âcommon lawâ, you should be able to prune branches and roots that grow over your boundary, with or without the ownerâs consent. Overhanging or encroaching vegetation is potentially dangerous, reduces the area people can safely walk on the footpath and limits access for people with disabilities. Your Responsibilities As a … Under the Whitehorse Community Local Law 2014 ( DOCX 58.27KB), trees and other vegetation that overhang onto the street from a private property must be at least 2.5 metres high above the footpath and roadway, and cannot interfere with traffic flow or essential service infrastructure such as powerlines. For assistance and further advice on neighbour disputes you can visit the following web sites: To report any overhanging vegetation or to discuss this issue, please contact Council or use the Snap, Send Solve app on your smart phone. Tree owners of trees which present a health risk are liable for compensation for any injuries or damage caused by that tree. Who Is Responsible for Cutting Overhanging Tree Branches, How to Tell if a Tree Is on Your Property. 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