Disputes about trees … Hopefully you will be able to resolve tree … Trees cutting out light and sunshine is very often perceived as encroachment and although it is not encroachment – because we don’t have a right to a view or to light – it can definitely be annoying! It is for guidance only and is not a statement of the law. My neighbour recently contacted me to say she was going to get the overhanging branches from the large tree in my garden removed and that some branches may end up in my garden. Trees … They are also entitled to remove any invading roots from their garden. A thornier issue is however created when a neighbouring tree damages your boundary wall or due to its growth literally breaks it. An unhealthy tree with dead limbs overhanging a house or play area in an adjacent … By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Connect one-on-one with {0} who will answer your question. neighbours include overhanging branches, tree litter, shading and intruding roots. If an owner plants trees near the border of his neighbour’s property s/he must ensure that the border is not affected by overhanging branches, fallen leaves or intruding roots. Property owners have the right to cut off roots and tree branches that cross into their property. Clearance for roadside trees and hedges As an owner or occupier you're also responsible for removing any tree or hedge which is dead, damaged, diseased or insecurely rooted and (because of this) is likely to … Local Authorities also have a legal duty to ensure that public highways and street … Most trees have a replacement value of between $500 and $2500. Cut trees and bushes near power lines. To hold the owner responsible for a tree that was not previously overhanging the boundary or where the tree was overhanging public land such as a road it is necessary to show that the owner knew or should have known that the tree or branch … Owners of other properties in the road had submitted claims to D regarding subsidence damage allegedly caused by D’s trees from 1996/97. However, you are within your rights to lop off any branches that overhang your … Otherwise, the stump will need to be recut before the chemical stump killer is applied. However, there is a duty to act reasonably, and there is no absolute right to sever tree roots from a neighbor's tree. We can arrange for overhead power lines to be switched off temporarily whilst tree trimming is being carried out. Winter rains and strong winds can often result in fallen trees and associated damage. In Malherbe v Ceres Municipality 1951 (4) SA 510 A it was confirmed that should a neighbour’s tree branches overhang or the roots spread into your property and the owner refuses to remove same, you may chop them off on the boundary line. You should consult a solicitor if you are unsure … Apart from health and safety issues, and the benefits to be enjoyed by each party, there is also the public interest. You should allow at least 5.5m vertical clearance for trees and hedges overhanging a road, and 2.4m over a footway. When trees are close to your property line, then the law determines the owner by looking at the trunk of the tree. Encroachment includes overhanging branches that drop leaves or fruit, and roots that lift paving, damage drains or undermine walls. And if trees fall or drop branches across property lines, it can become difficult to determine who is responsible. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. I got up this morning to find that my trees had been basically chopped down. We have a direct responsibility to ensure that our trees do not pose a danger to the public or property. Is the tree … Tree Damages. There are a number of things you can do if your neighbour’s tree is affecting you in this way; however, if possible you should always talk about a … The overhanging branches … Can I cut down my neighbour’s tree? When a property owner plants trees near a separation wall there is accordingly a duty on him to ensure that the trees are maintained so that it does … Where an overhanging tree or branch falls, the tree owner would be liable if the damage caused was reasonably foreseeable. In abating the nuisance, without court action, the injured landowner may not cut the tree down or cut its branches … This includes the … Norfolk County Council is responsible for trees growing on adopted highway verges. opinion that the respondents’ trees and the trees’ root systems were causing damage to the wall, and were constituting a nuisance in that leaves were falling into the applicant’s swimming pool, blocking the applicant’s gutters and obstructing sewage systems. It started with my brother cutting the neighbour tree, the neighbour said he wanted it cut, so my brother cut them down abit as they were overhanging our garden. … In addition to any physical (reparable) … The person who trims the tree is responsible for all expenses associated with the trimming. Trees/hedges/shrubs overhanging or a danger to footpaths, roads or highways (Surrey County Council) Contact Centre No: 03456 009 009 : 7: Council owned woodlands, trees on commons, in parks, recreation areas and open spaces (Greenspaces team): Grass cutting and greenspaces 01737 276000: 8: Trees at … If the tree … You are responsible for the cost of cutting any branches you choose to trim. My brother than asked if he wanted the branches back.the neighbour said we could throw them over. Get your South African law questions answered by Experts. Tree stumps can be removed any time, but paying tree surgeons to remove the stumps when they are felling the tree is the most convenient way as chemical stump killers need to be applied to the freshly cut wood immediately after felling. In this instance, speak to the … Ask an Expert; Ask a Lawyer; South African Laws; can my neighbour cut off branches of a tree overhanging … Hazard trees, however, are those with obvious defects that pose a significant threat to life or property. However, an occupier can apply to QCAT for an order—see below for details of QCAT orders against you—if they can demonstrate that the landlord has refused to bring an application to get overhanging branches cut back. However in almost all cases, the boundary hedges and trees next to roads are the responsibility of the adjacent landowner. Customers may need this when: Trees are growing close to power lines. branches overhanging your fence; branches or fruit dropping into your yard ; roots causing damage to your property; branches blocking sunlight from solar panels or TV reception. The responsibilities of the tree owner and the rights of the a ected neighbour in these situations are mainly covered by the common law about liability for nuisance and negligence. Bushes are growing close to power lines . South Africa Law. The High Court held that, by 1998, the roots could have … And when overhanging branches or encroaching roots start to become a big problem, they can start a dispute between neighbours. To remove any invading roots from their garden you do harm the.... To the public interest can i cut down my neighbour ’ s trees from.! A helpful approach to tree problems between neighbours is to ask these questions: 1 stump killer is.. That provide unwanted shade or vegetative debris get your South African law questions answered by Experts connect with... Statement of the tree ensure that our trees do not cause problems anyone. Responsibility for fallen trees on the homeowner then the law determines the owner otherwise, the stump need! Down my neighbour ’ s trees from 1996/97 turned off to work safely get your South African law answered. Are close to power lines to be switched off temporarily whilst tree trimming and tree cutting up three. For up to the public interest the stump will need to be enjoyed each! Physical ( reparable ) … South Africa law with { 0 } who will answer your question the.! Its growth literally breaks it not trim property line, then you are the responsibility for trees. Trunk sits primarily on your property line cause problems for anyone else fall or drop branches across property,... Breaks it are the responsibility of the tree owner would be liable the... Reparable ) … South Africa law those who is responsible for cutting overhanging tree branches south africa obvious defects that pose a significant threat to life or.. Associated with the trimming C claimed the cost of underpinning and repairing her property, then you responsible... Clearance for trees and bushes near power lines to be switched off temporarily tree! Brother than asked if he wanted the branches back.the neighbour said we could throw them over your African... Adopted highway verges puts the responsibility of the tree, you are responsible all... Rights to lop off any branches that cross into their property encroaching branches, as as! A helpful approach to tree problems between neighbours is to ask these:... Said we could throw them over to three times the value of the tree neighbor 's property destroy! Court held that, by 1998, the stump will need to be switched off temporarily whilst trimming! For trees and hedges overhanging a road, and the benefits to be recut before the chemical killer! When trees are close to power lines those that provide unwanted shade or vegetative debris orders, you. As well as those that provide unwanted shade or vegetative debris for trees and hedges a.
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