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Cutting Neighbors Trees Without Permission

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Many people want to know: can one force one’s neighbours to cut down their trees, or can one cut them down oneself? Do you have the right to cut the branches of your neighbour’s trees growing on your property? If you forget who is behind your neighbours’ trees and cut them down without the council’s permission, let me reveal a secret. Sources: 2, 9, 18

I love trees, but if your neighbour exercises his right to prune roots on your land boundary, you have the right not to cut them down if you negligently damage their tree. You can take legal action and demand several things, including that your neighbors cut down the branches of your tree, grant permission to cut it down and pay the cost of pruning yourself. So be careful and careful before you decide to prune a tree and cut the roots, because if a court finds that a neighbor has not damaged the tree, he will be held liable for the damage. Sources: 11, 16, 23

Before you consider seeking help for yourself – help with dealing with trees – it is important to understand when you can take action against your neighbor without permission from the court or tree owner. For example, if a neighbour cuts off a part of your tree that hangs above your property line so that it looks awful but does not harm it in any way, you are entitled to restoration. Sources: 13, 20

If the neighbour does not remove the dangerous tree, he cannot be held liable. The basic rule is that if someone fells and injures a tree without permission, they owe money to the tree owner to compensate for the damage. If a tree owner, his neighbour or someone else falls without his permission or violates the trees, he must compensate him for his loss. Sources: 9, 11, 13

If a tree invades a neighbour’s property, the neighbour can sue to force the owner to cut off the branches even after the damage has been done. If the case is not about whether the tree is causing damage or affecting his property, he cannot force Phyllis to cut it down. To avoid liability, tree pruners should consider taking less drastic measures to avoid the risk of legal action from their neighbors or the property owner. Sources: 7, 11, 15

First, you cannot enter the tree owner’s property without permission and only cut along the boundary. Note: You have no right to enter your neighbor’s property and prune branches on either side of the property line without his permission. Sources: 1, 10

You must not enter your neighbour’s property to prune or remove trees or other plants without first obtaining his or her consent. However, you should not cut down part of a tree on your property and should not enter without consent or cut down trees at the property boundary. Sources: 0, 21

Felling the neighbour’s trees without his knowledge or consent only leads to a neighbourly dispute that can take you to court. Sources: 5

A common question asked by Charleston attorneys is whether a person has the right to cut down a neighbor’s tree or branch that hangs over their property line. Sources: 23

If a tree trunk is on a neighbour’s property, you have the right to cut down any branch that goes beyond the boundary of the property, even if the tree is too close to a public power line. If a branch hangs over your property without your express permission, you have no legal obligation to prune it. However, if you want to take a branch or branch from the neighboring tree, it is a good rule of thumb to notify the tree owner before you do the pruning. You should not try to prune branches or roots over property lines if your neighbor’s tree has grown too public or over power lines. Sources: 4, 12, 17, 18

In this case, you almost always want to ask your neighbor for permission before cutting down the tree or shrub in this way. If your neighbors know your concerns, they can prune any part of the tree themselves when the branch enters your property, but if not, they will have to prune all branches above the offending vegetation or over land boundaries and can only prune branches that enter your property. Sources: 3, 6, 22

Thus, a landowner who is damaged by his neighbour’s tree may not cut down the tree to the extent that it invades his property or cut it down. If your neighbour is entitled to prune a part of a tree that reaches into his own garden, he may not go beyond the boundaries of the neighbouring property on which that tree is located, unless he has pruned it or pruned or fallen another tree. The owner has the right to cut down or remove parts or lines of trees that extend on his property if these trees have caused damage. You may only prune branches hanging in the garden if half of your trunk is on your property and the other half is on the side of your neighbours, and you may only prune trunks if you share ownership of them. 

Cited Sources

#1 Guide to Neighbors and Tree Dispute Laws

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