"Witnesses before commissions of inquiry do not have the right to remain silent", says Lawson Naidoo (Casac). It is important to note that you are only legally entitled to trim up to the property boundary and no further. "Let’s do everything we can to protect those around us," pleaded the Springbok captain on social media. Should you trim past the property boundary, you may be liable to legal action against you for criminal damage. Q Can I pick the fruit from the branches of an apple tree overhanging my garden? Under common law, a person may cut back any branch (or root) from a neighbour’s tree that overhangs or encroaches onto their property. My neighbour’s tree has branches that are overhanging or roots that are encroaching onto my property. If you live in a conservation area or the trees that surround your property are protected, you may need council permission to trim before taking any action. Hi. Ohio law provides for ways to clear a partition fence shared between two neighboring properties. The following relates to common laws regarding trees only. Overhanging branches should be offered back to the neighbour after removal. I’m struggling with my neighbour. However, if your neighbour fails to address the complaint or disregards your concerns, you can ask you local council to become involved. Considering how useful WhatsApp is, a lot of older phones are about to become useless. A landowner may cut off any tree branches which over-hangs his/her property without giving notice to the owner of the tree providing the branches which overhang are interfering with the property and causing a nuisance, i.e. The poor management of greenery can lead to disputes and hostile interactions between neighbours. by Samuel K. Darling, Attorney at Genesis Law Firm. However, if damage is caused, the law is likely to agree that your neighbour is obliged to cover the costs of repairs and address any continuing risks from their garden. Durbanville Majorettes Club: Empowering women through sport, WANDERLUST WEDNESDAY - SAN Parks on hiking in Level 3, Black Cape farmers upset at withdrawal of government's offer of aid, More pressure placed on funeral parlours and undertakers, ConCourt to hear application to force Zuma to testify before Zondo Commission, Tailored messaging is key in curbing the spread of Covid-19 and misinformation, Blomdraers: two part documentary on the Adderly flower sellers, 5 top trends around health and wellbeing for a New, happy, and healthy Year. The reason I want to do this is that the branches are causing a lot of shading as well as large amounts of leaf litter that clogs the gutters. “Massachusetts law recognizes a right of self-help by which a property owner can cut the limbs or branches of a tree that invade his property as long as such cutting is done at the property line. Can my neighbour cut off branches of a tree overhanging his property and throw them over my fence for me to remove - Answered by a verified Lawyer We use cookies to … Alternatively, can I ask them to pay (even half) the costs if I make all the arrangements? Live it, Consumer Talk with Wendy Knowler continues, Up Next: Early Breakfast with Africa Melane. The common law imposes a responsibility upon a tree owner to prune branches overhanging the boundary into the neighbour’s land if they are notified that the branches are a danger to the neighbour’s animals, or the branches are causing damage to a building. A If the fruit falls off, it is legally regarded as abandoned, so you may keep it. Restaurateur Liam Tomlin says he was shocked by the announcement of harsher Level 3 regulations after barely making it through the last nine months. The preferred way to begin improving any situation is to discuss your concerns and observations with your neighbour and politely ask them to address any risks or problems. The SAFTA Award-nominated, writer, comedian, and actress joined Sara-Jayne King for the 'Saturday Profile' on Weekend Breakfast. Firstly, check with your local council, to see whether the tree is protected or subject to an environmental overlay. How can I avoid stamp duty when buying a property with my daughter but maintain some control over it? You also have a legal duty, however, to take ‘reasonable care’ whilst undertaking the works, and you may be liable if you damage your neighbour’s tree, or cause it to become unstable. If the entire trunk is in the other yard, the neighbor owns the tree. Overhanging Branches. You are entitled to take action to stop that nuisance. In law, this is called "abatement". says author Kate Emmerson. When it comes to trees on boundaries, the problems tend to be overhanging branches and encroaching roots, which can affect ground stability, foundations and drains. Hello. Throw them in their yard---no, that would be a trespass and yoyu could be held liable for damages/costs---the overhanging branches become yours if you cut them---that is why you would have a legal basis for cutting them. But if this is not possible, it is important to recognise the legal standing of both neighbours. Tenants might, however, have terms specified in their tenancy agreement to prevent them from making complaints prior to liaising with their landlord. Roy Bregman, Attorney - … The mediator is an impartial and independent person who assumes the role of guiding you and your neighbour through controlled and polite discourse in the hope of reaching an agreeable outcome. Furthermore, overgrown trees and hedges can have a significant impact on the enjoyability of a property, and so occupants of affected houses are likely to want to act quickly to rectify problems. Such a stance was also adopted by the judge in Perrin & Anor v Northampton Borough Council & Ors [2006], where it was ruled that “the owner of the land who has suffered the encroachment has a right to remove the overhanging boughs“, and also ruled in Delaware Mansions Limited & Others v Lord Mayor & Citizens of The City of Westminster [2001], where the judge remarked that overhang can be … If the council agrees that there is a valid claim, they can contact the owner of the offending greenery to take action to rectify the situation. But, as with everything, it’s a little more complicated than that. However, if the trunk is on the property line, it’s known as a boundary tree, and all property owners involved share responsibility for what happens to it. Windfall fruit and fruit on overhanging branches cannot be taken without consent. Information Only – We do not offer legal advice related to Tree Law. Even so, the law only grants you permission to remove them back to the dividing line or border. If the tree or roots encroach you can ask the neighbour to remove the branches or the roots and if the request is denied or ignored, then the neighbour can remove them himself and claim the cost of the removal from the neighbour. If you are a landlord and want your tenants to vacate the property, there are strict criteria that you will need to abide by. In urban and suburban areas trees can often be the subject of a problem between neighbours. Know it. Sap and sharp twigs litter both sides of the boundary line. Brendon Petersen has a hack that may help. This is true, even if the tree or hedge is growing into your property boundaries. We kid you not. Common reasons include: Roots damaging sewer pipes Parts of a tree damaging the roof or building Overhanging branches Trees interfering with views or sunlight Leaves etc overflowing or blocking gutters Damage to driveways and fences from tree roots and […] To get started simply click the link below. In cutting back any overhanging branches (or encroaching roots) the following must be observed: If an owner plants trees near the border of his neighbour’s property the owner must ensure that the border is not affected by overhanging branches, fallen leaves or intruding roots. This is referred to as a ‘remedial notice', and if the contents of the notice are not acted upon, the owner of the tree or hedge may be liable to criminal prosecution. You are legally entitled to trim back hedges or branches of overgrown trees or hedges if they fall into your property from a neighbour's property or public area. If a neighbour’s trees are overhanging your fence or if the roots are intruding onto your property in such a way that there is an ongoing, unreasonable interference with your enjoyment of your property, then the law says this is a “nuisance”. Police arrested the owner of a tavern in Mamelodi, Pretoria on Monday night where maskless patrons were carelessly grooving while President Ramaphosa delivered his address. Consumer Rights for Cutting Branches. The owner's responsibility in these situations depend on whether the tree was overhanging the boundary. Kolisi was shocked by the carnage says Pastor John Thomas, but lifted the mood of the people. However, the law only allows tree trimming and tree cutting up to the property line. And what if the offending tree bears fruit which falls into your garden? Tips for Improving Your Credit Score Before Getting a Mortgage, How to Make a Pre-Auction Offer on a House, Buying a house at auction – all you need to know. 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 … Any branches and fruit that fall in your garden remain the property of the owner but you could ask if they want you to return these or dispose of them. Two new variants of the coronavirus SARS-CoV-2 have been identified in South Africa and in the United Kingdom. Will it be safe (enough) to return? Own it. These are permitted activities along Table Mountain National Park under Level 3, Justice Zondo's almighty battle to get Jacob Zuma to testify heads to ConCourt, Winde: Backing Level 3 was last resort, restrictions must be reviewed in 14 days, [WATCH] Tavern owner arrested after video of maskless bash during Level 3 speech. It is important to note that you are only legally entitled to trim up to the property boundary and no further. The inaugural Air Peace flight is scheduled for 17 December. If the roots or branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. The offending greenery must have a substantial effect on your enjoyment of your home or garden because of its height. I have received the following from a developer who sold me the cottage in 2011, which should have been made clear to me at the time - hence the email below. Basically, said Cor van Deventer, a director at Greyvenstein’s Attorneys in Port Elizabeth, your property rights begin and end at the boundaries of your property - so you’d be well within the law if you cut the offending branches down. We’re not backpacking. Where an overhanging tree or branch falls, the tree owner would be liable if the damage caused was reasonably foreseeable. It is therefore important for tenants to check contracts prior to submitting any complaints. Nuisance – Overhanging Branches The general principle governing overhanging branches, is that the owner is entitled to cut down branches which are overhanging over his property after having given the owner of the tree (his neighbour) reasonable notice to attend to the same (although there appears to be some discrepancy in the courts whether such notice is in fact required). A complaint about overgrown trees and hedges can be made under the Anti-Social Behaviour Act 2003 by the owner or occupier of the property that is affected. SA Rugby Union (Saru) CEO Jurie Roux has been instructed to repay R37 million which he apparently misappropriated from the coffers... 'There were cheers and ululating!' The tree owner’s responsibility to prune overhanging branches. The amount of help that you receive will depend on your eligibility, whether you are homeless through your own fault and your personal... Conveyancing is the legal term given for the process of buying and selling a property. "The developer of the estate would be very grateful if you could help with completing a drainage easement required by Cornwall Highways in connection with the final section of road adoption under... How long must lawyers keep client correspondence? If you do harm the tree, you could be found liable for up to three times the value of the tree. If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. If an overgrown tree or hedge causes damage to your property, the owner may be liable for prosecution. For mediation to work, both neighbours must willingly agree to the undertaking. Finance: Effective financial goal setting, Impact of adjusted level 3 lockdown on business and UIF/TERS roll out for affected sectors. There is no minimum requirement for the amount of time that a person must have lived in the affected property before they can make a complaint. Can I Port My Existing Mortgage to A New Property? The tree or hedge belongs to the person whose land it had originally grown in. Last week scientists discovered a new variant of Covid-19 virus which they say is driving the current second wave in South Africa. Top chef and Cape Town restaurateur Liam Tomlin 'devastated' by new restrictions, G'ment urged to 'name and shame' venues that flout Covid-19 regs, Eskom implements Stage 2 load shedding from 10pm, Here's how to check your load shedding schedule in Cape Town, 'Sex can be awkward and messy and funny, but no-one talks about those bits'. A second hard lockdown is not inevitable or necessary. Do I have the right to prune back the branches? Can you help yourself without fear of being slapped with a theft charge? If branches encroach on the land of a neighbour and cause a nuisance the neighbour may request the owner to remove the branches and if the owner fails to remove them within a reasonable time after demand the neighbour may: ‘A neighbor has the right to remove so much of the tree as overhangs his property.’ Ponte v. DaSilva, 388 Mass. What can I do to try to resolve the problem? Note that some trees are protected by Tree Preservation Orders (TPO 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. Writer Tiffany Mugo chats to CapeTalk about her new book Quirky Quick Guide to Having Great Sex. Garden related issues can be incredibly infuriating for neighbours and cause a great deal of tension. John Maytham interviews Adrian Puren (NICD). It is generally best to discuss your concerns with the tree owner beforehand, but under established ‘common law’, you should be able to prune branches and roots that grow over your boundary, with or without the owner’s consent. If you are unable to arrange an amicable decision without the assistance of a third party, community mediation may be a suitable option for you. I need a letter on solicitors headed paper to say I have had advice about the transfer of deeds of my property. Nuisance Trees: Encroaching Branches and Tree Roots 2 courts look at whether or not you are harming the tree’s health. A notice may be served to the owner which dictates that they must cut the hedge or tree. The trees are the neighbour's property, so common sense would dictate that the neighbour is responsible for any problems caused by the trees.". Traffic presenter by day, actress some of the time and DJ this weekend - join Charlene le Roux on a musical journey. Situation 1. On Sunday, at one hospital in London, ambulance crews waited for six hours to hand over patients, reported the BBC. It seems as if you can't pluck the avos from the neighbour's tree, but if they fall on the ground, they're yours. Does the moratorium on evictions stand under lockdown level 3? Narrow your search down to a particular town or county to find local solicitors that practice Conveyancing & Property law. Removal of overhanging branches Removing branches overhanging your property. Posting a question is completely free and we have qualified solicitors ready to help you. Ideally, neighbours will be able to resolve such issues amicably and without third party intervention. Furthermore, if the overgrown hedge or tree was already there before the occupier of the affected property began living at the address, a complaint can still be made. The Wildlife and Countryside Act 1981 protects bird nests and bat roosts. For the council to acknowledge and support your complaint, the hedge or tree in dispute must meet all of the following: Do be aware that your local council may charge you a fee for intervening in a complaint on these grounds. I'm investigating a very suspicious-looking freehold purchase of a block of flats where a solicitor may have defrauded 20+ clients in one go. If you don’t know what may harm a tree, consult a tree expert before cutting. The Queensland Government has an online step-by-step guide to resolving tree disputes.. A tree belongs to the person who owns the land on which it grows. Tree Law in Ontario In heavily populated areas like the GTA, disputes between neighbours regarding trees are common. You can cut back any overhanging branch that comes into your property. This section only applies to the removal of vegetation in the fence row. 2. John, like many homeowners, strongly dislikes his neighbor’s gigantic encroaching tree. How much will it cost. 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