• Can i ask the council to cut back trees. The resident or landowner will be informed.

       

      Can i ask the council to cut back trees. This shared ownership can spark disagreements about who should trim overhanging branches. The Land and Conveyancing Law Reform Act 2009 allows for cutting tree branches that has crossed into a neighbour’s airspace without giving any notice to the adjoining owner. A complainant must prove they have tried to resolve matters Why would the council cut down most of the trees lining the stream outside the back of our street? Edit/Update: At the time I made the post, I stated we hadn't had an answer from the council. What can I do? Firstly, check with your local council, to see whether the tree is protected or subject to an environmental overlay. To trim a council tree, you will first need to get permission from the Council by applying for a permit. Most cities provide guidelines on pruning, which allow regular maintenance without needing a trimming permit. If it is, you need a permit to cut it back. Jul 17, 2025 · Can My Neighbor Cut My Tree Without Asking? A neighbor's right to trim your tree is not absolute. To aid in this process, we have prepared four templates for writing request letters to cut trees, addressing various circumstances that may arise. Who can cut it? What are your rights? We explain. According to Feb 8, 2025 · Disputes over trees that straddle property lines or have branches extending into a neighbor’s yard can lead to legal complications if not handled properly. Jan 21, 2025 · Trees, while an asset to the environment, can become the focus of legal disputes, particularly when it comes to pruning, removal, or management. Understand the laws and steps to take for safe tree trimming. Read these key considerations from Artemis when cutting down trees in your garden to avoid any disagreements or legal disputes with your neighbours. Jul 19, 2019 · Ornamental or landmark trees can have a value of between $20,000 and $60,000 so never go crazy and cut down a neighbor's tree, you could even be held responsible for trimming branches on their side of the property fence line. There must be at least two trees that are at least two metres high, or a single tree that blocks the light to your property. To request additional pruning, contact a local reputable arborist. As above, tough luck if they drop branches or leaves/nuts on your property! May 9, 2025 · Having trees and shrubs encroaching on your property is a common problem, but it is important to take the right steps to address it. Mar 30, 2023 · How to contact your local council to cut a tree Now that you understand the rules and factors that could influence the council’s decisions, it is time to talk about making an official complaint. All councils have a Tree Preservation Order which is a set of regulations about the trimming and removal of trees. They do have a regular maintenance program, but if you feel they have missed something then by all means call them and ask them to remove another branch or two. Assuming removing them is not allowed by Frankston (or any council), I looked it up and can only find reference to residents being responsible to keeping the nature strip weed free/safe etc. There are permits you can apply for to remove trees within a property, but not in nature strip. It’s also worth finding out if your council can check if the tree is safe – you can find your council’s website on GOV. This article offers a collection of sample request letters designed to help you communicate your needs clearly and professionally. Understandably, homeowners faced with the task will have questions. The resident or landowner will be informed. So what are the rules around asking a neighbour to cut their trees back or even down completely? Trees of significant height along the boundary can reduce the amount of light coming into your home. Jan 15, 2023 · Concerns over trees, and particularly overhanging branches, are a common source of conflict between Victoria’s residents. Confirm Property Boundaries May 30, 2009 · Not sure if anyone can help on this but I have a south facing garden which is in the shade from about 2pm due to two very large deciduous trees. Most states require a tree-cutting permit before removing large trees on your property. This prevents the tree being chopped down or tampered with while the council investigates further. The simplest and most suggested method is to talk to your neighbour about the problem and see if you can come to an agreement. I am in NSW, Blacktown council. This is known as the "right to abate a nuisance. Do I need council permit to trim them ? I dont want to remove whole tree just want to free space around it so backyard is bit clean. You can do this by phoning your local council and asking them to check on the local map of your area. Before you apply to the council you should try to settle the dispute by asking your neighbour to cut back the hedge or trees. Are your neighbour’s tree or hedge too high? Before a council or local authority can intervene in your affairs, you should try to settle this dispute about a high hedge informally to make things quicker and simpler. May 19, 2021 · This guide explains the laws on high hedges, trees and overhanging branches and how neighbour disputes regarding these issues can be resolved. Cutting back neighbours’ trees overhanging your garden May 17, 2025 · Can I cut a neighbor’s tree overhanging my yard? Yes, you can, but under certain conditions. Secondly, and more relevant, however, if the neighbour digs his heels in and stubbornly refuses to reduce the height of the trees or hedge, then you can contact your local council. By letting neighbors prune encroaching branches and roots, the law gives property owners This provides a general overview. Q. Services Aug 16, 2021 · Two main options I can think of - A) Having followed the necessary preliminaries, get a professional to cut the trees back to the boundary, then send the bill to the council and ask them to repay you. You might ask, “Do I need permission every time I want to prune my oak?” Not necessarily. Unfortunately, in most cases the answer to this is NO! You have a common law right to prune back parts of a tree or hedge growing over the boundary into your propert The law on this is quite clear. Can you force a neighbour to cut down their tree? Let’s, ahem, cut to the chase and get to the main point: Can you force a neighbour to prune their tree in order to get sunlight back into your garden? In most cases, no, you cannot force a neighbour to cut down a tree in order to bring light into your garden. The tree causes considerable danger, damage and nuisance. They have the authority and power to plant trees and carry out any maintenance on the trees on the Nature Strip. Aug 18, 2017 · You can ask the council how long they expect all this to take. Firstly, you are entitled to cut away branches that overhang your property and return the cuttings to your neighbour. Below are three proven templates (friendly, formal, and demand) plus practical guidance to help you resolve branches, roots, and damage disputes quickly and professionally. You can write to the local council and ask for a High Hedge Notice to order the neighbour to cut a hedge or tree back. tree infected with something that could spread to all trees of that type in the area). May 17, 2021 · If they refuse, you can ask the local council to inspect. In most cases, you can trim any tree by up to 10% per year without approval from the council, but Apr 24, 2025 · Trees on boundary lines are jointly owned by both neighbours, which often leads to confusion about who’s responsible for cutting overhanging tree branches. Mature trees are usually already formed and are pruned only for specific reasons using specific techniques. May 14, 2025 · Learn how to ask a neighbour to trim their overhanging tree branches legally and keep good relations while protecting your property rights in the UK. Sep 10, 2025 · Tree issues with neighbors can get heated, and expensive, if you skip documentation. If the tree you want to cut down is subject to a TPO, you will need permission from your local council before proceeding with any work. May 17, 2025 · This means that it is under the care of your local council. May 5, 2017 · There is an ongoing dispute between a property I own and the council, they claim that some 20ft conifer trees that are on my property is preventing light and causing dampness in their property, als Aug 24, 2021 · Of course, in some circumstance, the Council can enforce general regulatory laws that authorize cutting down trees on private land (e. In NSW, councils are allowed to write their Jul 18, 2025 · Can I call the city to trim a street tree? You can call your local council or city and ask them to trim the street tree out the front of your property. Jul 14, 2025 · Explore the legal framework governing a city’s authority to remove trees on private property, balancing a homeowner’s rights with public welfare. Mar 15, 2025 · This is especially obvious when it comes to issues along property boundaries, and it can be a thorny issue when it comes to trees. May 17, 2025 · In short, you can trim a neighbor’s tree that is overhanging your property. g. Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. May 14, 2025 · Trees are fantastic marvels of nature, but they can also be large and cumbersome. You can contact the council, inform them of the encroachment, and then request them to trim any overhanging limbs and branches. Dec 27, 2021 · Pruning mature trees is a very different matter than pruning younger trees. Rights to natural light are not generally recognised at common law. Priority is given to dead, diseased, or dangerous trees. Jan 2, 2024 · This guide will explore what trees can be cut down without permission in Australia as of 2023, offering you clarity and peace of mind in your tree management decisions. We would like to show you a description here but the site won’t allow us. In our local council should you choose not to mow your footpath you can contact the council and they will do it when they do the park mowing in the area. Dealing with a neighbor tree problem means knowing your rights and the rules about trees. These Mar 17, 2021 · You should check if the tree or hedge is dangerous before you decide. You cannot enter their property to measure trees, so you will have to make estimates from a distance. Open communication can help prevent misunderstandings and disputes. Overhanging branches can cause conflict between neighbours and it's important to know what your rights are before you take any action or make a complaint. It is possible to contact the local Council and ask them to cut back trees which are on land that they own and which are becoming dangerous. Strictly speaking council trees cannot be pruned/trimmed by residents but you can submit a pruning request with your local council. . If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. You’ll learn about the “right to abate a nuisance” as Dec 13, 2024 · Disputes over trees on or near the property line can divide neighbors and involve large sums of money. Selective pruning is key to developing a strong, well-structured tree that can support bountiful flowering. Before trimming any branches or roots that cross into your land, try to speak with your neighbour first. Below, the Godwin’s team outline the main legal obligations and duties for landowners regarding trees, including specific laws on Tree Preservation Orders (TPOs), conservation areas, ancient woodland Apr 2, 2016 · The local planning authority can place an order on a tree that it or a member of the public brings to their attention. The fastest, least costly path is a clear, well-timed letter that states the facts, your rights, and a reasonable deadline. Sep 10, 2021 · We are commonly asked by homeowners if they can force their neighbours to prune back nuisance trees or hedges near their property. See the simplified process at Kitchen and Gardening. But you need to make sure you are not breaking any tree maintenance says set out by your local council. Sep 23, 2025 · Local Councils can be contacted to cut back trees on their own land that are becoming dangerous or to prune them when necessary to maintain tree health. Apr 25, 2025 · Trees can be protected through Tree Preservation Orders (TPOs), which are legal restrictions placed by local authorities to preserve significant trees. Typically, if a tree is dead, diseased, or poses an imminent threat to safety, you might not need express consent. These regulations set out guidelines on what can and cannot be done with the trees within the state, city, or county limits and sometimes extend to private property as well. Jul 18, 2025 · Before you decide to cut or trim any tree, you should find out if you need a permit. As the tree owner, you are legally responsible for the care of your tree, but your neighbour can step in if it encroaches on their property. If you refuse, they can go into your property without your Trees can also be covered by council rules. In the United Kingdom, you have the right to prune or remove branches from a tree that are overhanging your property, as long as it is done in a reasonable manner. You can, however get the council to remove a tree if it is causing issues for you and your property or you have noted it as being dangerous. Can I Cut Down A Tree On My Property Without Permission? In most cities, cutting down trees without first obtaining permission from the relevant authority is illegal. Find the answer to this and other Property Law questions on JustAnswer Jan 9, 2020 · Looking down our road, we can see that a few trees have been removed in the past (albeit decades ago), and likely due to the same cause We have made numerous complaints to the council about this, who subcontract their work for all trees to Amey. Jul 11, 2025 · Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. Understand the procedure and the kind of information needed for such requests to be approved. When branches or roots from a neighbor’s tree grow over your property line, it’s called encroachment. The council's unlikely to accept your application for a High Hedge Notice unless you've tried to negotiate first. There is a massive council tree with heavy branches which overhangs my house. There are two rules we are dealing with here. Find out steps to request tree maintenance, reasons for trimming, & what to expect from the UK council. All trees are viewed as ‘the community’s trees ’ rather than you having personal ownership. Branches are at most finger thick . Jun 24, 2025 · Learn about your rights and responsibilities when dealing with council trees overhanging your property. But if you find that any of the trees is overhanging the boarder line you can cut them back to the line. Jul 18, 2025 · Know when you can request the city to remove a tree on your land or council land next to your property. Assuiming the tree is growing on council land you can certainly ask them to prune it instead but I don't think you can compel them to. What can I do if my Neighbours trees are too high? We look at what you can do if your neighbours trees or hedges overhang your property. If your talks with the neighbour don’t Feb 28, 2018 · If I want to cut trees in my suburban garden do I need to get planning permission from the local council? Many forestry type operations in Ireland are exempt from the requirement to obtain Nov 23, 2023 · Understanding Permissions and Restrictions Of Cutting Trees What trees can be cut down without permission in the UK? In the UK, certain situations exempt you from requiring permission to cut down trees. If they consider the tree to be a danger to the public, they can serve notice requiring your neighbour to remove it or cut it back and In the majority of jurisdictions, an aggravated neighbour who is troubled by a tree can cut the tree's roots or trim the tree's branches without having legal recourse against the tree's owner. If you are concerned about a tree on your neighbour’s property, you should discuss this with them to avoid any disagreements. Apr 14, 2025 · Trees on boundary lines are jointly owned by both neighbours, which often leads to confusion about who’s responsible for cutting overhanging tree branches. Trees are valuable for aesthetic, environmental, and financial reasons. Cutting or trimming a tree – even one that is growing in your yard- without seeking a permit can attract heavy fines. The golden rule is that you Standing tall and majestic, trees offer shade, tranquillity, and a connection to nature. Explore the legal balance between property rights, tree health, and potential liability for damages. Can I cut back a neighbour’s tree? You can cut overhanging branches or tree roots that are coming onto your land from your Question - Can I cut back conifers, in my neighbours garden, immediately - . Nov 23, 2015 · A range of tree related help and advice for members of the public as well as tree surgeons. They enhance the beauty of your surroundings and provide a haven for local wildlife. There are also legal avenues to go down. What you can do to stay within the law: You can trim back branches or growth that hangs into your garden, but you must not enter your neighbour’s land or damage the plant. I spoke to expert attorneys and arborists about whether you're allowed to prune a neighbor's tree. If overhanging branches or roots cause problems, you generally have the right to prune them back to your property line. They refused. This guide will walk you through your legal rights when it comes to overhanging trees. May 5, 2025 · 'If the trees form a high hedge (we'll get to this shortly) you may have grounds for complaint to the council,' Carl Toulson, director and fence expert at CMR Timber Group Can you ask the council to cut back trees blocking sunlight? (Image credit: Future/Paul Massey) Feb 5, 2025 · Explore legal and practical solutions for managing view obstructions caused by neighboring trees, including statutes, ordinances, and dispute resolution. I have few trees in back yard and some of the branches are touching the ground and making space around tree not visible. ) Feb 23, 2023 · Tree removal can be a complicated process due to the need for permits and permissions in many areas. Can we force them to cut back the trees, so we can enjoy the summer sun? A. Mar 7, 2023 · Sometimes, it’s not enough to just cut back a tree or plant from your side of the boundary, and further work may be needed. Cutting Trees of Less Importance When are trees considered as being of less importance than others? When they aren’t included in your local tree ordinance! Insignificant trees tend to be smaller in size. Can I cut down a neighbour’s tree? You cannot cut down the trees on your neighbour’s property without your neighbour’s permission. We have now had a response, in the meantime, more trees have been cut to the ground or had all their branches completely lopped off (along with their tops. Professional legal advice should be sought in complex issues relating to trees and the law. Knowing your rights and responsibilities when trimming overhanging branches is essential to avoid conflicts or legal action. However, there may come a time when you find yourself wondering, ‘Can I remove a tree on my property?’ Whether it's due to safety concerns, property development, or aesthetics, the decision to remove a tree is a Oct 10, 2025 · Learn how to write a persuasive tree removal request letter, what to include, permit tips, and copy-ready templates for any scenario. 🌱 Encouraging Strong Growth Prune during dormancy after planting to shape your young tree. Trees growing into your property belong to your neighbor but cause issues in your yard, so untangling legal responsibility feels daunting. Jun 14, 2024 · Training and Shaping Training young Council Trees is like coaching athletes; start early and establish good habits. " However, before you take any action, it is always best to first discuss the matter with your neighbor and try to come to a resolution that is mutually beneficial. Although each local council has its own criteria for cutting down trees, most will approve applications for dangerous, fallen or dead trees. Oct 24, 2024 · Learn how to get council to cut trees with our guide. The effects of removing trees from property can have long-lasting consequences, making it important to weigh all options carefully. But if you plan Feb 4, 2022 · The short answer is yes, they can cut or prune branches that overhang and are interfering with their property rights and causing a nuisance. If you’re worried because you haven’t heard anything, you can contact the council to check progress. I don't know anyone that chooses this but there's plenty that barely mow their lawn every 6 months. You have the right to remove Request Letter To Cut Trees Sample The act of cutting down trees, whether for development, safety reasons, or agricultural purposes, is a significant decision that requires careful consideration and approval from the appropriate authorities. Usually, dead trees, small trees, and anything considered a local pest species will not require a Sep 23, 2025 · Can I Legally Cut Tree Limbs Hanging Over My Property Line? Generally, yes. Unauthorized removal, cutting, or pruning of a protected tree can result in significant fines. Learn about regulations, permits, and how to avoid fines with expert guidance. Therefore, unless you get express written permission from the Council in your area, you shouldn’t attempt to trim or remove any tree from the area. May 28, 2024 · Property damage: Trees with overhanging branches or extensive root systems can cause damage to buildings, fences, or utility lines, warranting their removal. (chances of success = slim) B] Having followed the Mar 26, 2025 · When you need to request permission for tree cutting, using the right tone and format can make all the difference in getting a positive response. The classification of such trees may vary from one city to the next. You are permitted to cut back any plant overhanging your property to your boundary. Do I need a permit from the council to trim a tree? Do I need permission from my neighbor to trim their tree? Let’s have a look at both. Encroachment: In situations where a tree’s branches or roots encroach on neighboring properties, causing disputes or inconvenience, a removal request may be necessary. Municipalities have dedicated hotlines so that homeowners can reach out to them if they find their neighbors cutting down trees without permits. Our neighbours’ trees have grown so tall that our back garden is constantly in shade. On the other hand, several states have laws that say neighbours can file a lawsuit if any of the following circumstances are met: Feb 15, 2025 · Laws about cutting down trees and property lines can make a simple issue very complicated. I have looked on the council's website about trees and there is a section that states that if my neighbour has a hedge that is over 2m in height, which acts in someway as a barrier to light and because of this, the enjoyment of my domestic property is Jul 18, 2025 · There are a few different ways you can go about asking your neighbor to trim or cut down their tree. Thus, when these trees extend over your property, what options are actually available to you? If council trees are overhanging your property, you have two options. May 17, 2025 · Council trees are trees on public land and cannot be touched unless the council has specifically permitted you to do so. Understanding the regulations governing tree removal is fundamental to ensure that one’s actions are legal and Jan 14, 2025 · Wondering, "Can a utility company cut my trees without my permission?" Find legal insights and answers here. If a tree you know and love is at risk, ask the council to put an emergency TPO on it. This can hurt how neighbors get along. Jul 18, 2025 · Trees owned by the city are public property. This article explores key considerations surrounding this issue, offering guidance on addressing overhanging Dec 16, 2022 · In the United Kingdom, anyone can request a council to cut trees. Do I need permission to prune or remove trees on my land? A Tree Preservation Order (TPO) is an order made by the council’s local planning authority (LPA) in respect of an individual tree, groups of trees or woodland. It is important to Jul 10, 2025 · Overhanging trees are a common cause of neighbour disputes across Australia. Neither Birmingham City Council, nor Amey have been helpful at all. Overhanging branches, falling leaves, and damage from tree roots are just some of the common causes of neighbour disagreements. If they refuse (which they may have a legal obligation to do, in order to protect public funds) then pursue a legal claim to recover the cost. That application is subject to a consultation period during which people can submit objections. May 21, 2025 · What the council can do: If plants are obstructing public access, the council may step in and issue a notice. Your council won’t help resolve a dispute or cut back your tree for you unless it’s on council land. They said that this is their "Policy" - the best they will do is a minor cosmetic trim. May 15, 2019 · However the branches (and any fruit on them), still belong to the landowner and they are entitled to ask for them to be returned. We will help you answer: What trees can you cut down without permission? When do you need a permit? What are the penalties for cutting down a protected tree? How can you stay on the right side of the law? What Trees Can Be Cut Dec 20, 2024 · Learn about tree cutting regulations in Australia, which trees can be removed without permission, and the penalties for unlawful tree removal. Mar 1, 2024 · No you can't cut these tree,s down. A neighbour's tree is overhanging my yard. The process may vary from one council to another, but it will mostly involve two steps: submitting your request and tree inspection. If a city-maintained tree adjacent to your property needs additional pruning, make your request through 311. Jan 18, 2025 · Understand your rights and responsibilities when dealing with a neighbor’s overhanging trees, including pruning, liability, and local regulations. Trees that grow on the line between properties can make solving the problem hard and expensive. So A Tree Preservation Order (TPO) is a legal mechanism designed to protect specific trees, groups of trees, or woodlands. All local councils have preferred tree cutting services that Jun 8, 2025 · Who pays to cut back overhanging trees? If you are considering hiring a professional to cut back the overhanging tree, you might expect the neighbour to pay, given that it's legally their property. Are you considering cutting down trees on your property and wondering whether you need council approval to do so? Whether it’s for safety reasons, to beautify your garden, or to make room for construction, it’s essential that you understand the process of obtaining council approval before proceeding with tree removal. UK. The highways authority can ask you to cut back hedges or trees on your property if they’re causing an obstruction in the road. Jul 25, 2025 · Responsibilities When Dealing with Overhanging Trees When dealing with overhanging tree branches or roots from a neighbour’s property, it is important to act reasonably and responsibly. The tree is unbalanced and leans towards my house. The local authority will visit the tree or trees to assess the tree for the amenity value of the tree (s) before placing the order. In most cases, they will ask what the issue is and get their tree contractors to do the job free of charge. Can you get the city to trim or remove a tree for free? Keep reading to find out. Tree cutting permits are essential for legal removal. Check with your council to see if the tree causing the problem is protected. You’ll learn about the “right to abate a nuisance” as Reasons to remove a tree Acquiring council approval can be a smooth, stress-free process – provided you have a valid reason to remove the tree in question. you can also ask your neighbour if you can take some Hight off them and you are willing to pay for this to be done, if he say,s yes to this ,ask him to give you this in writing . I asked the council to cut it back to the property boundary. Jan 28, 2025 · Disputes involving property boundaries and tree removal can escalate quickly, leaving homeowners uncertain about their rights and next steps. Why prune mature trees? How to prune mature trees? Read on for an overview on how and when to cut back mature trees. In most situations, a tree whose trunk isn’t up to a certain circumference in feet can be cut without permission. Whether it’s a lemon tree dropping fruit into your yard or large branches blocking your sunlight, many homeowners want to know: Can I cut my neighbour’s overhanging tree? And more importantly, who is responsible for maintaining it? Conclusion Trees can be a beautiful focal point in any landscape, but without the right care and attention, they can lead to neighbourly tree disputes. When a neighbor cuts down trees on your property without permission, it creates legal, financial, and emotional concerns that require careful handling. Apr 15, 2025 · Your local council is in control of all trees on public land as well as on private land. Search for ‘trees’ to find which department to contact. These orders make it illegal to cut down, top, lop, uproot, or deliberately damage protected trees without prior permission from your local council. You can discuss with them the implications of any planning restrictions on the tree. If your neighbour says your tree is dangerous, you could ask a tree surgeon for advice. Your request might be that the tree is pruned or that it is cut down in its entirety. sa lpiv p5r e3cw5 hm79w 9pgn rv9zn f8opnp 2bii nv