What are my rights if a Neighbours tree overhangs my garden?

What are my rights if a Neighbours tree overhangs 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. you must not trespass onto the land on which the trees are growing. branches or roots must not be cut back beyond the boundary in anticipation of them overhanging.

What rights do I have over Neighbours trees?

The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them. Do not just throw trimmings back over the boundary – this could constitute ‘fly tipping’.

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Can I trim my neighbors tree if it hangs over my fence?

If my neighbor’s tree branches hang over my yard, can I trim them? Yes. By law, you have the right to trim branches and limbs that extend past the property line.

Do I have a right to light in my garden?

Issues around proposed building work (both residential and commercial) which could infringe on light and privacy to an existing dwelling can be slightly more tricky, given that The ROLA is limited to only the right to light through defined apertures into buildings (such as windows).

Do you have a right to light in your garden?

Rights of light in a garden It’s a common misconception that a homeowner can acquire a rights of light in their garden, but the law provides no rights of light in respect of land that has not been built on. You may have express rights to light created by your property deeds.

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Can I stop my Neighbour entering my garden?

Generally speaking, your neighbour should not go onto your land without your permission. There are some situations where they may be able to access your land in order to complete repairs to their property, and their right to do this may be set out in the title deeds for the home.

Can I attach a plant to my neighbours wall?

Attaching plant pots, lights or anything else to your neighbour’s wall or fence will require permission! If the wall is on the right, then you must ask your neighbour. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic.

What do you do when your neighbor wants to light their house?

Be tactful and understanding about your neighbor’s right to light their property. Suggest alternatives to their current fixture. Ask them to move the light, shield it, or add a motion sensor so it’s activated only when needed. Offer to help get this done. Be informative.

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Does My Neighbour have a right to use my fence?

Hey Angela, No, your neighbour does NOT have a right to use your fence. Especially if you paid for the fence yourself! It is your property! If he is attaching things to it contact the council and explain the situation and they should correspond with the neighbour on your behalf!

Can I Sue my Neighbor for a tree hanging over my property?

You might also get help from a utility company, if the tree threatens its equipment. For example, a phone company will trim a tree that hangs menacingly over its lines. If you don’t get help from these sources, and the neighbor refuses to take action, you can sue.