The law protects you if youve spoken to your neighbor about the tree problem and he has taken no action. You may also be able to take action if your neighbors tree is preventing you from making full use of your own land. Ask if you can help. This notice can be used for branches which are more than 50 cm over the boundary and 2.5 metres or less above the ground. First, you should always check with your local ordinances to see if there are any restrictions on tree-related activities. Can I just put my neighbors stuff back on their own property? The collected knowledge within this article is not professional legal advice, should you be looking to receive legal advice be sure to consult a local attorney. Weve all been there on the high road, here are some helpful tips on how to properly dispose of tree branches as told by WikiHow. When the tree trunk is split by the property borders of two or more people, it is referred to as a border tree. A boundary tree is a tree that is owned and maintained by all the property owners, and any tree removal is prohibited without the consent of all the property owners. Still dont feel like chatting but you dont want to cause conflict? A. Determining tree ownership is the obvious starting point in grounding yourself in the safe zone of tree law. One of the most common disputes between neighbors is overhanging branches. Similarly, if the tree was uprooted by high winds and the owner failed to take steps to secure it, they may also be held responsible. Another option is to pick and get rid of the fallen tree branches because you cant be at war with nature even if you have a dispute with your neighbor. How to Get a Car Towed From Your Driveway Legally? Not only is this considered illegal trespassing, but it could also result in damage to your neighbors property. In general, no. Home --- Gardening --- Landscaping --- Can I Throw Neighbors Tree Branches Back In Their Yard? Trees are of course beautiful and provide so many positives to our world and atmosphere but frustration is understandable when a neighbors tree branch is constantly shedding leaves, pine needles, or tiny broken-off pieces of branches in your well-kept yard. Is a tree trunk encroaching on your property, or are tree branches that are dropping leaves hanging over it? This is irrespective of whether you cut the branches or they fell naturally in your yard. Do you have a firewood rack in your backyard thats almost depleted? A popular quote that was made by John Kennedy said:I would think of what I can do for my country rather than what my country can do for me since the main aim is to make your country healthy and clean and for the benefit of humanity. Therefore, you have no legal recourse against the tree owner, even if the leaves harm your property, such as clogging your gutters or pipes. Theres a little more of an obstacle to this question than you may think, so lets consider the factors together and get to the bottom of this feud. Heres what you can do to prevent neighbors leaves from landing in your yard: Request your neighbor to trim the branches: Approach your neighbor and talk to them about trimming. If the trees condition endangers any utility companys equipment or creates a fire hazard, the utility company may also be interested in removing the tree. You can ask for help from your homeowners association if you are a member. 15 Dog Run Ideas [Free DIY Plans and Tips for a Backyard, How to Start a Vegetable Garden From Scratch In Your, Backyard Beekeeping [Complete Guide for Beginners]. But this isnt suggested, even if you feel like a relationship is on the rocks with calm and level-headed communication a lot can get done. One option is to gather up the branches and toss them back over the fence into your neighbors yard. The first thing to cover is determining where exactly the tree lands on the property line and where its branches are branchin out. No, you cant throw neighbors tree limbs back in their yard unless you have their permission. Can I throw neighbors tree branches back in their yard? Did you know that picking fruit from a branch of a neighbors tree that hangs in your yard is illegal? If you need to take more drastic measures, you at least try to talk. This action could be considered as "fly-tipping of garden waste", which falls under property law. While it may seem like a good idea to simply return the branches to their rightful owner, doing so can actually lead to legal problems. In the afternoon, that same neighbour threw all the branches BACK over into my backyard. Paul was raised on a South African homestead where he tended two horses, a Jersey cow, and half a mile of split pole fencing. Your neighbor is liable for damage if you can prove their negligence. However, it is always best to try and resolve the matter amicably first. Likewise, if a tree is blocking your view or significantly impacting your ability to enjoy your own property, you may also have grounds to take action. Putting branches in your neighbour's property, even if they are from his trees, is a trespass in itself. How far can I trim the branches back? If not, you may need to take the matter to a small claims court. However, that doesn't give you free rein to do what you want to their tree (s). 11 Beautiful Trees With Heart Shaped Leaves, How to Grow and Care for a Lemon Lime Prayer Plant, Moringa Tea: Benefits, Side Effects, and How to Brew. These include: Natural causes, such as strong winds, heavy rain, or lightning strikes Age and wear and tear on the tree, causing branches to become weak and prone to falling Pests or diseases that weaken the tree and cause branches to fall Who owns the tree? The upkeep of the trees on a property is the landowners responsibility. Should they compensate the neighbors? How close to a property line can you plant a tree? So, to know your take on the matter, it is advised that you consult your citizens bureau of advice to be on the safer side. If you have neighbors with trees that are close to your property, try to establish a good relationship with them so you can communicate if there are issues with branches. By Eduardo Peters / August 15, 2022. Can I throw my neighbors tree branches back in their yard? You can also contact your local council to check if there are any local laws or regulations that apply to your area and property. But what if youre unsure how to ask your neighbor to cut their trees? If you do, you could be fined for littering. This is known as the right of abatement.35 The person does not need the court's permission or to notify the owner of the tree although notice is probably prudent. Backyard Landscaping Ideas On A Budget: 23 Inspirational Ideas. In some cases, it may be better to simply trim the plants yourself or find another way to deal with the problem. On the neighbors side, however, you are not permitted to cut past the property boundary. But before throwing the tree limb back to the property, approach them and inform them theyre violating your rights. The guy hardly speak English and kept throwing the rest of the branches over our fence. Just be sure to do so in a way that doesnt damage the tree or disrupt your neighbors property. Under common law, a person may cut back any branch (or root) from a neighbour's tree that overhangs or encroaches onto their property. Healthy branches or roots that expand onto the neighboring landowners property may be cut down at the neighbors expense, but only up to the property line. If you decide to take this course of action, it is important to document any damage that has been caused by the branches and speak with an attorney beforehand. Yes, you are responsible for the cost of removing or trimming the overhanging tree, whether the neighbour has granted permission or a permit has been obtained from the local government. Those are your branches, no matter whether they are attached to the tree or lying in your neighbor's yard. Remember, youll need to cut the longer branches before putting them into the paper lawn bags. The general position under the common law is that a neighbour can cut back branches or . You can trim the branches that are overhanging from your neighbors tree. However, the owner of the tree continues to own the branches. There are several ways of looking at this, yet remember, if you trim the branches and throw tree branches into their yard. By working together, you and your neighbor can keep your property safe and tidy. Another option is blocking leaves and tree branches from falling into your yard. In itself, thats a noble endeavor. If you and your neighbor have been bickering for quite some time, your relationship is too damaged to have a calm conversation or there is some kind of neighbor rivalry going on between you, then it may be a passive-aggressive way to say Hey, heres your branches back maybe you should trim them back.. Its a valid question and one that people often ask when theyre presented with a pile of branches from their neighbors tree. If theres a way to Do It Yourself, Paul wants to hear about it, and try it out. Harassed by Angry Neighbor Demanding Tree Removal (Game of Trees). Do not just throw trimmings back over the boundary - this could constitute 'fly tipping'. Doing so is offensive and can have legal implications. The follow-up question to that though is, is throwing tree branches back into your neighbors yard the right thing to do? Can I throw branches back over the fence? Talking with your neighbor in a calm and level-headed fashion can help you both find a solution that works for you, stick around later in this article for a walk-through on how to compose this kind of conversation with your neighbor. Hello! Your HOA has the authority to intervene and enforce the actions if nothing changes after communicating with your neighbor. My Neighbor Runs a Generator all Night (Is It Rude)? 71 Practical Homesteading Skills and Ideas You Can Learn, How to Propagate a Christmas Cactus In 5 Easy Steps. Such action constitutes illegal dumping, and the tree owner can litigate against you. In reality, we all live in a society that functions on people getting along, so do your best to dispose of the waste yourself. This site is owned and operated by Yard Floor. If this happens, your neighbor can litigate for punitive costs. The WA Legal Aid pamphlet says you can cut the over hanging branches and that any fruit, flowers growing on the branch that you cut, must be returned but it is not clear if you are allowed to throw the wind blown leaves back as well. Can I throw my Neighbours branches back WA? if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'yardpit_com-banner-1','ezslot_4',109,'0','0'])};__ez_fad_position('div-gpt-ad-yardpit_com-banner-1-0');if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'yardpit_com-banner-1','ezslot_5',109,'0','1'])};__ez_fad_position('div-gpt-ad-yardpit_com-banner-1-0_1'); .banner-1-multi-109{border:none !important;display:block !important;float:none !important;line-height:0px;margin-bottom:7px !important;margin-left:auto !important;margin-right:auto !important;margin-top:7px !important;max-width:100% !important;min-height:250px;padding:0;text-align:center !important;}. #9: Can a neighbor enter an adjoining property to trim overhanging tree branches? What, then should you do if branches continue to accumulate in your yard?