Trees add a great deal of magnificence to our landscapes. You may get fruits, shade or colourful flowers from your trees, but sometimes they can also be a nuisance by attracting insects, blocking out light and shedding leaves on your neighbours’ gardens.
This can also happen to occur the other way around; the branches of your neighbour’s trees may hang over your garden, or leaves may fall into your yard.
In both situations, you need to be aware of their rights regarding overhanging trees so that you can take the correct action.
Overhanging branches or hazardous trees are one of the main reasons neighbourhoods dispute. When you or your neighbour have an issue with the other trees, the best thing to do is talk and reach a mutual agreement. This way, you won’t have to get involved legally.
Here are a few things about overhanging branches that you should know:
- Disputes related to trees are covered by ‘common law’; this is the law that the court has developed over time.
- A resident can trim the branches of a tree if it falls on their property at their own cost. This is known as the ‘right of abatement.’ During this process, if you cause any harm to the tree, you will be liable.
- If you want your neighbour to bear the cost of maintenance, you will have to show that the tree is damaging your property.
- Before cutting down the tree, you should check with the local council to make sure the tree is not under protection. If it is protected, you will need permission to remove it.
How to Resolve a Tree Dispute?
Things will be better if the matter does not go to court; it is an excellent idea to negotiate with the other party on your own to get to a conclusion. Remember, the local council will not help you resolve a dispute or fix any overhanging branches for you until the tree is on council land.
Tree service providers can help you here, get them to inspect the tree’s condition, safety issues and the maintenance required. If the tree is unsafe, ask them to write it out for you so that you can show your neighbour or the council. Also, get a quote for the required maintenance and discuss it with the owner.
When you hire a tree service provider, ensure they are based locally so that they know all the rules and regulations of your area. They can also help you to determine if the overhanging branches on your property are legal or not.
If you are facing these issues with your neighbour in the Melbourne area, hire Same Day Tree Works – an affordable tree service provider in Australia. They specialise in all types of tree works, including tree removal, tree pruning, hedge trimming, stump grinding, and overhanging branches removal.
They are not just local, but they are also fully insured to cover any damage in case of an accident. Get a free quote from Same Day Tree Works now and keep your property clean and beautiful.