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. 1. Throw them in their yard---no, that would be a trespass and yoyu could be held liable for damages/costs---the overhanging branches become yours if you cut them---that is why you would have a legal basis for cutting them. Police arrested the owner of a tavern in Mamelodi, Pretoria on Monday night where maskless patrons were carelessly grooving while President Ramaphosa delivered his address. Know it. Will it be safe (enough) to return? 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. A second hard lockdown is not inevitable or necessary. The tree owner’s responsibility to prune overhanging branches. Can I Port My Existing Mortgage to A New Property? What documentation do I need to give an estate agent when buying a house? 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. 3. John Maytham invited Roy Bregman from Bregman Moodley Attorneys to clarify the options available to Rob. Do I need to use a solicitor to update land register after my father's death? 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. Hello. Do I have the right to prune back the branches? 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. 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. Last week scientists discovered a new variant of Covid-19 virus which they say is driving the current second wave in South Africa. Can you help yourself without fear of being slapped with a theft charge? Overhanging Branches. 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. You can cut back any overhanging branch that comes into your property. SA's healthcare heroes : How much more can they take? Tree Law in Ontario In heavily populated areas like the GTA, disputes between neighbours regarding trees are common. 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. Information Only – We do not offer legal advice related to Tree Law. Who is responsible for the tree? It’s important to try to maintain good relationships with your neighbours, so it’s always best to first talk to them about any … 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. A tree belongs to the person who owns the land on which it grows. 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 […] The inaugural Air Peace flight is scheduled for 17 December. 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: I’m struggling with my neighbour. 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. 2. I need a letter on solicitors headed paper to say I have had advice about the transfer of deeds of my property. If you don’t know what may harm a tree, consult a tree expert before cutting. Narrow your search down to a particular town or county to find local solicitors that practice Conveyancing & Property law. Should you trim past the property boundary, you may be liable to legal action against you for criminal damage. Hi. Removal of overhanging branches Removing branches overhanging your property. Firstly, check with your local council, to see whether the tree is protected or subject to an environmental overlay. 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. Can A Landlord Be Held Liable for A Tenant's Injuries? 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. And with this in mind, it becomes clear that the responsibility for maintenance or damage caused by overgrowth lies with the owner. 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. 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. Brendon Petersen has a hack that may help. Regular tree inspection reduces liability. How can I avoid stamp duty when buying a property with my daughter but maintain some control over it? How long are lawyers and their law firms obliged to keep e-mails and bank statements relating to their client activities? 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. Laws on Overhanging Tree Branches. 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. 'Nigerians love to go home for Christmas; it will be packed.'. 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. Sap and sharp twigs litter both sides of the boundary line. Important details to consider when on the market for a new home. However, if your neighbour fails to address the complaint or disregards your concerns, you can ask you local council to become involved. Does the moratorium on evictions stand under lockdown level 3? 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. Branches jut out and envelop John’s yard in darkness. Situation 1. My neighbour’s tree has branches that are overhanging or roots that are encroaching onto my property. It is important to note that you are only legally entitled to trim up to the property boundary and no further. 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. Posting a question is completely free and we have qualified solicitors ready to help you. 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. Counseling psychologist Dr Neo Pule says frontline workers are exhausted and their mental health is suffering. For mediation to work, both neighbours must willingly agree to the undertaking. SA Rugby Union (Saru) CEO Jurie Roux has been instructed to repay R37 million which he apparently misappropriated from the coffers... 'There were cheers and ululating!' These ordinances allow you to sue your neighbor to force your neighbor to remove a tree (or the branches of a tree) that is blocking your scenic view. 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 … 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 â the story and flavour of South Africa. Nuisance Trees: Encroaching Branches and Tree Roots 2 courts look at whether or not you are harming the tree’s health. Live it, Consumer Talk with Wendy Knowler continues, Up Next: Early Breakfast with Africa Melane. Ideally, amicable discussions with a neighbour, or your neighbour's responsible observations, will prevent poorly maintained greenery from causing problems. 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... "Thereâs a huge supply of properties for rent," says Tamira Gumzburg on determining what a market-related rental is right now. Premier Alan Winde says the Western Cape governmentâs support for additional restrictions was a last resort to save lives. The trees are the neighbour's property, so common sense would dictate that the neighbour is responsible for any problems caused by the trees.". If you or your neighbour are experiencing such problems, the first step is to determine who owns the tree – … This is true, even if the tree or hedge is growing into your property boundaries. A If the fruit falls off, it is legally regarded as abandoned, so you may keep it. 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”. 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. As with all neighbour disputes and concerns, the ideal way in which to initiate rectifying a problem is through amicable interactions. If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. Branches of a large tree hang in your yard, but the trunk is planted in your neighbor’s yard. This means that whether a landlord agrees or not, a tenant is eligible to make a formal complaint to the local council. My neighbour’s tree is overhanging into my garden. If you do harm the tree, you could be found liable for up to three times the value of the tree. says author Kate Emmerson. Cape Talk listener Rob wants to know what the law says about his rights regarding his neighbour's overhanging trees. The poor management of greenery can lead to disputes and hostile interactions between neighbours. "Can I request my neighbour to trim the branches from their trees that hang over my property. • To find a tree expert or ‘arborist,” look in the Yellow Pages under ‘tree service,” look for 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. 1008 (1983). 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. If it is not possible to reach an amicable arrangement with your neighbour, it may be necessary to seek intervention from your local council. The Queensland Government has an online step-by-step guide to resolving tree disputes.. 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. Problems often arise when tree branches fall, causing damage. You are here: Home; Matter types; Tree disputes; Overhanging branches; Overhanging branches.
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