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. If necessary, you can sue to enforce your rights.
Can you stop a Neighbour cutting down tree?
Under common law,
a person may cut back any branch
(or root) from a neighbour's tree that overhangs or encroaches onto their property. … you must not trespass onto the land on which the trees are growing. branches or roots must not be cut back beyond the boundary in anticipation of them overhanging.
What do you do if someone cuts down your tree?
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. If necessary, you can sue to enforce your rights.
Is it an Offence to cut down trees?
Without permission
, it's an offence to cut down, uproot or wilfully destroy any trees: subject to a Tree Preservation Order (TPO) in a Conservation Area. over 5 cubic metres in volume (whether an individual tree or several smaller trees).
What is the punishment for cutting trees?
The answer is ‘yes', because, according to this Act, the penalty for cutting down a tree is
Rs. 10,000 or 3 months imprisonment
. There are several instances reported in which laymen ended up paying Rs. 10,000 as compounding fee to the forest department for cutting down trees in their premises.
Who pays for cutting overhanging trees?
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.
What can I do if my Neighbours trees are too high?
If you think your neighbour's tree is dangerous,
you can report it to the council
– for example if you think it might fall over. They might ask the owner to make it safe or deal with it themselves. Search for ‘trees' on your council's website to find which department to contact.
Who is responsible for overhanging trees?
The tree belongs to
the person upon whose land it has originally grown
. Even if its branches or, worse still, its roots have begun to grow over or into a neighbour's territory, it belongs to the landowner where the tree was originally planted.
How long before a boundary becomes legal?
In simple terms, the law means that if a neighbour of yours moves their fence by
a few metres one year
, and you do not complain or even mention it for a certain period of time, they could then legally claim to be the owners and occupiers of the land.
Which trees Cannot be cut down?
Any tree with a trunk circumference smaller than 12 inches
may be removed without a permit. Anything larger will be considered a significant tree and therefore protected.
Which trees Cannot be cut without the approval of the government?
Sandal
is one of the tree which is not allowed to cut down without the permission of the govt.
When should a tree be cut down?
Harsh weather, especially during winter, makes trees or branches to fall and cause serious property damages. If the
fallen trees obstruct the roads and paths
, you'll have to cut them down to clear the way. Strong wind and saturated soil, resulting from a heavy storm, can weaken both the tree roots and branches.
Is it illegal to cut down trees on your own property?
With few exceptions, most cities and counties require that you obtain a permit to remove a tree on your own property. You must apply for the permit and pay a fee to determine whether you will be allowed to remove the tree. … However,
dead trees typically can be removed without a permit
.
Can I throw my Neighbour's branches back?
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.
What is the law on overhanging branches?
If my neighbor's tree branches hang over my yard, can I trim them? … By law,
you have the right to trim branches and limbs that extend past the property line
. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree.
How high can your 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.
