Hi There is a tree at the back of my house which is overhanging into my back yard. It is not on my property.?
Question:The council says it is not on their land. Any ideas who to contact and will it cost me money. Had a big branch fall of into my yard which could have caused injury. Thanks.
Answers:
Go to your land registry office and find the owner of the property. contact them telling them of the danger this tree is causing. Edith
any tree that overhangs into your garden is your responsibility
the weird things are im pretty sure of this. is if the tree is physically planted in your actual property (owned property) u can do what u will to it. but if it isnt physically planted or on your property, it isnt your to do what u will to. because you cant own air space. so ask ur neighbor or who ever to dispose of the tree, or do something about it.
Mark T is wrong its not your responsibility. Find out who owns the land its up to them to keep the tree in trim.
If you are in the UK your local authority - the one you pay the rates to - will know. You should also tell them about the state of the tree as if it is dangerous they can do something about it. They might, in an extreme case, do necessary work and then charge the owner! At the minimum they will be able to give you advice!
You are legally entitled to trim the tree back to your boundary but you must return the bits you trim to the owner. That means you throw it over the fence onto their land!
actually mark t is correct, if any part of a tree encroaches over your property line, then it is your responsibility to trim that portion of the tree.
Actually Mark T is closest - if a tree overhangs your property you have every right to cut it back to the LINE of your property - if it is owned by someone - the only lawful restriction is the fact that once cut - you must offer the cuttings back to the owner of the tree - if they refuse to accept the branches - you may dispose of them.
If the land is owned by a landlord or the like - it is their responsibility to ensure it is safe and not causing interference to light or danger to public. They are responsible for costs.
If you cannot or land registry cannot find the landowner then the cost of cutting is down to you. BUT be careful the the tree does not have a preservation order on it - you could end up being fined if it does and you cut it.
You have a right to prune almost any tree overhanging your property.
You need to put the prunings back over your fence, as they are the property of whoever owns the land.
If the tree is subjected to a Tree Preservation Order (TPO) you can be fined up to £10,000 for pruning it.
Find out if it is TPO'd and if it's not then have it pruned professionally - which will cost you money - but don't try it yourself - arborist work is a specialist job.
If a tree hangs over into your garden, you can cut off any branches that hang into it, so long as you give them back to the owner (ie the neighbour who's tree it is).
If the council say it isn't thier land, you could try to find out from them who it is that actually does own it. I'm sure they mmust have a record somewhere.
You can trim back any part of the tree that is overhanging into your garden. If it is on a neighbours garden - ask them to cut it back from their side.
The council should be able to tell you who owns the land that it is on and who to contact.
Trim the tree back on your property line til your satisfied there is no danger to anyone else...If its dangling over your property line then you can do with the over hang what you want.
I don't know if it is your "responsibility" but if a tree hangs over your property line, it is permissible for you to do whatever it takes to satisfy your need.
You can cut anything that hangs over, but not "required"
Be careful cutting back Branch's (as some have advised) if the tree is protected, you could face a gigantic fine.
Play safe, and cut off every thing that overhangs your garden, you are permitted to do this by law.
Someone owns the property the tree stands on, if not you. You can check the courthouse records or with your local government. If you cannot find anyone, you still may be ( depending on where you live) within your rights to remove the encroaching branches.
I have the same problem but this tree is a apple tree and it hang on my side and when I cut my grass I have to dunk down to keep the tree from hitting me in my face .
The bad part is when the apples are fallen on my side I run over them with my lawn mower and I think that will tear up my lawn mower when I first move in my home the neighbors use to come out and pick up the apples and they stop i don't no why maybe they think i should since they fall on my side but the tree is in there yard so I just pick them up when I'm not in a hurry or i leave them and just run over them or let the rodents eat them like the rabbits, squirrells, deer, and rats
In my part of the world, any thing within my property limits belongs to me, so the branches or fruit overhanging are mine and I can cut them or pick them up, even if the tree is not planted in my property. (To Dottie: pick up the apples and make a pie, you'll change your mind about the whole thing.)
In other part of the world it is not the case, check your local regulations about it.
It may actually be yours, if the local govt says it is not on their land and it is not on any other property, just the right of way. Your fence may be placed for asthetic reasons if you have one, and not where the property line is. Your deed shoud tell your property line.
You are within your rights to cut off any part of the tree as long as you put the lopped off branches back on the property on which the tree is growing.
You're entitled to trim any plant that is overhanging your property, the only caveat is that you must offer the trimmings back to the owner of the land it grows on. As you don't know who that is, just dump 'em back beside the tree.
If its on Council land then it's Highways problem... The council should be doing something about it! - Do the british thing and write a letter!
you can cut what is hanging over your garden but you must give it back best to find out who owns the land and get them to do it
Legally if the branch is overhanging your property you can get ti cut back to the fence, but you do have to put the chopped stuff over the fence.
A local tree surgen would help by cutting it back, but they may charge from £45per hour right up to £250per hour so be careful and chose wisly a company that will help out. (it usally best to get a friend to recomment a company)
The land registry office will know who owns the land. Your local planning department will have a list and maps of any tree preservation orders on trees.
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