Is it my responsibility to cut overhanging tree branches?

You can cut back any overhanging branch that comes into your property. However, the cut branch(es), and any fruit or flowers attached to the branch(es) remain the property of the tree owner and must be returned. If the tree has a Preservation Order on it then you cannot cut/pare any branches.

Is it against the law to trim a 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. In cutting back any overhanging branches (or encroaching roots) the following must be observed: you must not trespass onto the land on which the trees are growing.

Who is responsible for trimming trees on your property?

The trees whose tree trunks are within your property line are considered to be part of your property, and therefore, your responsibility. In certain cases, there may be a tree that is right on the edge of the property.

Can a council tree be cut back on your property?

You may prune the branches back to the boundary of your property but no further. The work must be done from your own property. You must dispose of any cuttings yourself, do not leave them on Council land.

Can a municipality take care of a tree on private property?

This statute is limited to trees and tree limbs within the boundaries of public roads or on public property. It does not otherwise extend to trees on private property. Our courts have interpreted this and related laws as giving municipalities the exclusive right to prune, remove, and care for these trees.

Can You trim a tree over a property line?

Here are some answers to our most common questions about trees and property rights. Can I trim a tree overhanging the property line? Yes, property owners are always entitled to clear the airspace above their property of overhanging tree limbs. However, this right is limited by the rights of neighbors as well.

The trees whose tree trunks are within your property line are considered to be part of your property, and therefore, your responsibility. In certain cases, there may be a tree that is right on the edge of the property.

Is it legal to trim a tree on your property?

You are allowed to maintain your property not only to the lot line but also under the ground and the sky above it. Trimming is only legal to the property line and is the responsibility of the party doing the trimming, says Clinton. “Absent clear danger, neither party can trespass on the other’s property to trim a tree.

Can a neighbor cut down my tree without my permission?

Generally speaking, If the trunk of the tree in question is entirely on your neighbor’s property, they own the tree and can prune branches on their side of the property line as long as they do not cross onto your property. You have the right to prune branches that grow across the property line onto your property without your neighbor’s permission.

Can a tree be removed from a property line?

The short answer is no. If the tree trunk is on the property line, you are both equally the owner of the tree. It may not be removed without the agreement of both. Can My Neighbor Come on My Yard? Courts give great deference to private property lines in the U.S.