1008 (1983). Posting a question is completely free and we have qualified solicitors ready to help you. 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. If you become legally homeless, your council is obliged to help you. 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. "Let’s do everything we can to protect those around us," pleaded the Springbok captain on social media. 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”. Finance: Effective financial goal setting, Impact of adjusted level 3 lockdown on business and UIF/TERS roll out for affected sectors. 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. Disputes over trees can arise for many reasons, including overreaching branches and roots, damage caused by a falling tree or overhanging branch, and trespass onto a neighbour’s property to deal with a tree. 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. 2. 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. 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. What documentation do I need to give an estate agent when buying a house? Sap and sharp twigs litter both sides of the boundary line. Does the moratorium on evictions stand under lockdown level 3? 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 […] Cape Talk listener Rob wants to know what the law says about his rights regarding his neighbour's overhanging trees. 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. The inaugural Air Peace flight is scheduled for 17 December. If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. "Witnesses before commissions of inquiry do not have the right to remain silent", says Lawson Naidoo (Casac). The tree owner’s responsibility to prune overhanging branches. You can cut back any overhanging branch that comes into your property. How long are lawyers and their law firms obliged to keep e-mails and bank statements relating to their client activities? A Guide to Emergency Housing from the Council, A Guide to Energy Performance Certificates, Buying a House - A Guide to the Conveyancing Process for Buyers, Buying a Leasehold Flat - What you Need to Know. "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? The trees are the neighbour's property, so common sense would dictate that the neighbour is responsible for any problems caused by the trees.". Brendon Petersen has a hack that may help. Ask your neighbour to cut the parts that overhang your land. "We’re all between 40 and 60 years old. 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. Eskom has announced that it will implement Stage 2 load shedding from 10pm on Tuesday night until 5am tomorrow morning. • To find a tree expert or ‘arborist,” look in the Yellow Pages under ‘tree service,” look for Q Can I pick the fruit from the branches of an apple tree overhanging my garden? A second hard lockdown is not inevitable or necessary. Windfall fruit and fruit on overhanging branches cannot be taken without consent. Can I Port My Existing Mortgage to A New Property? Overhanging Branches. 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 … 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. 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). Restaurateur Liam Tomlin says he was shocked by the announcement of harsher Level 3 regulations after barely making it through the... President Cyril Ramaphosa has announced that South Africa will be placed under a new Level 3 lockdown from midnight until 15 Janua... Premier Alan Winde says he'll be asking for tighter Covid-19 restrictions when he meets with the President's Coordinating Council... "There’s a huge supply of properties for rent," says Tamira Gumzburg on determining what a market-related rental is right now. Nuisance Trees: Encroaching Branches and Tree Roots 2 courts look at whether or not you are harming the tree’s health. If you've planted trees near the border of your neighbours property you must make sure the border's not violated by overhanging branches, fallen leaves or roots. Counseling psychologist Dr Neo Pule says frontline workers are exhausted and their mental health is suffering. Lester Kiewit interviews Basil Manuel (National Professional Teachers' Organisation of SA). If it is, you need a permit to cut it back. Branches of a large tree hang in your yard, but the trunk is planted in your neighbor’s yard. What is the Minimum Legal Age of Employment in the UK? 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. 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. John Maytham invited Roy Bregman from Bregman Moodley Attorneys to clarify the options available to Rob. Important details to consider when on the market for a new home. John Maytham interviews Adrian Puren (NICD). SANParks has moved to clarify that national parks remain open under the adjusted Level 3 regulations announced by President Cyril Ramaphosa. If the roots or branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. Failing to do this can mean you are guilty of illegally evicting your tenants.... An Energy Performance Certificate (EPC) provides information on the usage of energy in a home or business premises. If that fails you are almost certainly within your rights to clip it or snip 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. There must be at least two mostly evergreen or semi-evergreen trees or shrubs causing a concern, The tree or hedge must be over 2 metres tall. A If the fruit falls off, it is legally regarded as abandoned, so you may keep it. And what if the offending tree bears fruit which falls into your garden? Good Things Guy's, Brent Lindique shares with Cape Talk some of his favorites good news stories from the past 12 months. This is true, even if the tree or hedge is growing into your property boundaries. 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. How Long Does it Take to Buy or Sell a House? Clearing the fence row. Know it. My neighbour’s tree is overhanging into my garden. The Automobile Association (AA) predicts that fuel prices are set for hefty rises at the end of December 2020. My neighbour’s tree has branches that are overhanging or roots that are encroaching onto my property. The offending greenery must have a substantial effect on your enjoyment of your home or garden because of its height. Traffic presenter by day, actress some of the time and DJ this weekend - join Charlene le Roux on a musical journey. Ohio law also cautions against damaging trees when trimming overhanging branches. 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'. 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. You are here: Home; Matter types; Tree disputes; Overhanging branches; Overhanging branches. Live it, Consumer Talk with Wendy Knowler continues, Up Next: Early Breakfast with Africa Melane. 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. Under common law, a person may cut back any branch (or root) from a neighbour’s tree that overhangs or encroaches onto their property. With that in mind, the person who is responsible for maintaining the greenery is normally the person who owns the tree or hedge. I can cut down the branches that overhang in my garden and give them to her but I just wanted to know if there’s a law regarding the height of the trees. Who is responsible for the tree? 'Nigerians love to go home for Christmas; it will be packed.'. Regular tree inspection reduces liability. Should the tree or hedge bear fruit that hangs into a neighbour's garden, the neighbour cannot lawfully take the fruit or flowers subject to the Theft Act 1968. The owner's responsibility in these situations depend on whether the tree was overhanging the boundary. Schedules and load shedding status for your area. For mediation to work, both neighbours must willingly agree to the undertaking. 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. I need a letter on solicitors headed paper to say I have had advice about the transfer of deeds of my property. If you have a neighbour’s tree hanging over your land, you can: exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line; decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. 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. 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. 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. says author Kate Emmerson. By law, you have the right to trim branches and limbs that extend past the property line. Should you trim past the property boundary, you may be liable to legal action against you for criminal damage. Hi. A tree belongs to the person who owns the land on which it grows. Laws on Overhanging Tree Branches. Alternatively, can I ask them to pay (even half) the costs if I make all the arrangements? ‘A neighbor has the right to remove so much of the tree as overhangs his property.’ Ponte v. DaSilva, 388 Mass. Problems often arise when tree branches fall, causing damage. However, the law only allows tree trimming and tree cutting up to the property line. But if this is not possible, it is important to recognise the legal standing of both neighbours. Narrow your search down to a particular town or county to find local solicitors that practice Conveyancing & Property law. by Samuel K. Darling, Attorney at Genesis Law Firm. Tenants might, however, have terms specified in their tenancy agreement to prevent them from making complaints prior to liaising with their landlord. We’re not backpacking. 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. Kolisi was shocked by the carnage says Pastor John Thomas, but lifted the mood of the people. Branches jut out and envelop John’s yard in darkness. You are entitled to take action to stop that nuisance. Two new variants of the coronavirus SARS-CoV-2 have been identified in South Africa and in the United Kingdom. As with all neighbour disputes and concerns, the ideal way in which to initiate rectifying a problem is through amicable interactions. If you are a landlord and want your tenants to vacate the property, there are strict criteria that you will need to abide by. Can A Landlord Be Held Liable for A Tenant's Injuries? Even so, the law only grants you permission to remove them back to the dividing line or border. 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 an overgrown tree or hedge causes damage to your property, the owner may be liable for prosecution. 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. 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 … However, if your neighbour fails to address the complaint or disregards your concerns, you can ask you local council to become involved. 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. I've been requesting the documents from the lawyer 6 times over a 9 month period... Use our find a solicitor service to find and compare the best Conveyancing & Property solicitors from around the UK. In cutting back any overhanging branches (or encroaching roots) the following must be observed: But, as with everything, it’s a little more complicated than that. The glamour of travel is exhilarating!" If it is not possible to reach an amicable arrangement with your neighbour, it may be necessary to seek intervention from your local council. I’m struggling with my neighbour. Firstly, check with your local council, to see whether the tree is protected or subject to an environmental overlay. 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. Ideally, amicable discussions with a neighbour, or your neighbour's responsible observations, will prevent poorly maintained greenery from causing problems. Situation … Consumer Rights for Cutting Branches. 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. With the Festive season upon us, it is worth unpacking some of the data to better understand exactly how consumers reacted this ye... Makers Landing tells the story of us – the story and flavour of South Africa. When there is no tree preservation order. 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. Writer Tiffany Mugo chats to CapeTalk about her new book Quirky Quick Guide to Having Great Sex. Can you help yourself without fear of being slapped with a theft charge? Overhanging branches should be offered back to the neighbour after removal. Yes. 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. Removal of overhanging branches Removing branches overhanging your property. Situation 1. 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. If you've planted trees near the border of your neighbours property you must make sure the border's not violated by overhanging branches, fallen leaves or roots. On Sunday, at one hospital in London, ambulance crews waited for six hours to hand over patients, reported the BBC. Tree Law in Ontario In heavily populated areas like the GTA, disputes between neighbours regarding trees are common. This section only applies to the removal of vegetation in the fence row. Hello. Own it. These ordinances are very specific, so if you live in one of the few cities that has one, you need to research the law to … It is important to note that you are only legally entitled to trim up to the property boundary and no further. Learn how to deal with problems involving trees and neighbours. 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. It is therefore important for tenants to check contracts prior to submitting any complaints. Note that some trees are protected by Tree Preservation Orders (TPO It’s important to try to maintain good relationships with your neighbours, so it’s always best to first talk to them about any … Information Only – We do not offer legal advice related to Tree Law. 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. You may not go onto the neighbor's property or destroy the tree. If the entire trunk is in the other yard, the neighbor owns the tree. And with this in mind, it becomes clear that the responsibility for maintenance or damage caused by overgrowth lies with the owner. 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. Consumer Rights On Late and Non-Delivered Goods, Using CCTV for Home Security – What You Need to Know to Stay Legal, The Law on High Hedges, Trees and Overhanging Branches. Using the powers afforded to them under the Anti-Social Behaviour Act 2003, the council can assess the situation and will work to determine whether the overgrown hedge or tree has an adverse effect on the neighbour's property or enjoyment of their home. What can I do to try to resolve the problem? If you or your neighbour are experiencing such problems, the first step is to determine who owns the tree – … He says branches from his next-door neighbour's tree have begun encroaching on his property and wonders if he can compel them to remove the offending branches. The SAFTA Award-nominated, writer, comedian, and actress joined Sara-Jayne King for the 'Saturday Profile' on Weekend Breakfast. "Can I request my neighbour to trim the branches from their trees that hang over my property. Pinklady - 22-Aug-20 @ 11:02 PM. Will it be safe (enough) to return? How can I avoid stamp duty when buying a property with my daughter but maintain some control over it? John, like many homeowners, strongly dislikes his neighbor’s gigantic encroaching tree. 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. Premier Alan Winde says the Western Cape government’s support for additional restrictions was a last resort to save lives. 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. This means that whether a landlord agrees or not, a tenant is eligible to make a formal complaint to the local council. I have a neighbours tree overhanging my garden which drops it's leaves every autumn. Buy a new home then sell the old one – or vice versa? It is important to note that you are only legally entitled to trim up to the property boundary and no further. “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. The Queensland Government has an online step-by-step guide to resolving tree disputes.. The following relates to common laws regarding trees only. We kid you not. How much will it cost. Last week scientists discovered a new variant of Covid-19 virus which they say is driving the current second wave in South Africa. Ideally, neighbours will be able to resolve such issues amicably and without third party intervention. The tree or hedge belongs to the person whose land it had originally grown in. If you do harm the tree, you could be found liable for up to three times the value of the tree. A notice may be served to the owner which dictates that they must cut the hedge or tree. 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. , ambulance crews waited for six hours to hand over patients, reported the BBC relating to their client?. Western cape government’s support for additional restrictions was a last resort to save lives property. 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