379-397 Whitehorse Road, Nunawading When the property owner does not respond, Council will re-inspect the property. This survey will show you the boundaries of your property. She has more than 16 years of experience in real estate. You may prune your neighbourâs trees or vegetation which overhangs your property where the exemptions contained within Councilâs Tree and Vegetation Preservation Measures Part 1B.6 can be applied. If the branches of a neighbourâs tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbourâs property, as long as the tree is not under a tree preservation order. Some trees are poisonous and may cause a health risk, such as yew trees. Any vegetation that is not confined to your property's perimeter and has the potential to affect public access is considered an obstruction. If you have a concern about overhanging branches or tree roots encroaching on your property, your first step should be to talk to your neighbour and see if you can resolve your concerns. The Council is responsible for trimming vegetation overhanging any public access e.g. If branches from a council tree are overhanging your property, you can cut them back yourself, unless the tree is protected by a Tree Preservation Order or is in a conservation area . The Land Registry can provide details of land ownership where land is registered. What Duties and Responsibilities of Real Estate Broker? You could be considered ânegligent for failing to remove a known hazard before damage occurred or for failing to properly inspect and maintain the trees on your property. A handful of cities have a âview ordinance,â which states that a scenic view is an important part of a homeâs value. If a tree trunk is on your property, you are responsible for maintaining it. This can cause a range of issues â [â¦] What Are Tenants Improvements and Betterments? It is the responsibility of a tree owner to prune any overhanging branches that are breaching a neighbourâs boundary. Doesnât the Council look after trees growing over the Highway? 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. If it is, you need a permit to cut it back. Legislation 2. 9 Maintenance Tips to Winterize Your Property, The 6 Property Maintenance Responsibilities of Landlords, Cleaning Up After a Loss May Cost More Than You Think, How Landlords Can Prepare for a Winter Storm, Here Are Some Ways You Can Prepare Your Property for a Hurricane. Local council orders Tree owner removes the nuisance Compensation for damage ... associated with trees growing on public land or overhanging on to public areas. Victoria 3131, Australia, Phone: (03) 9262 6333 Fax: (03) 9262 6490 Trees and hedges are one of the most common causes of neighbour disputes. They may serve notice on the land owner of that particular tree and recover costs for their services. Some trees are protected by the council for reasons including species, height or heritage. Please call us on 9262 6394. Even if the tree trunk is on your neighborâs property, you have the responsibility for cutting any branches that extend onto your property line. Trees overhanging boundaries ... including any fruit, returned to them. Your responsibilities for trees on your property. A discussion of the Massachusetts Rule vs. the Hawaii Rule for the responsibility for the trimming of tree branches overhanging onto a neighbor's property. If your neighbour does not resolve the issue to your satisfaction, you can contact Council for advice. Under the Highways Act, property owners have a responsibility to keep vegetation on their property under control, to ensure safe passageway for buses and other vehicles. For example, Chinaberry trees, Tree of Heaven, Rhus trees, African Olives and Privet. 5. Whilst landowners have a responsibility to ensure that their trees do not present an unreasonable risk to neighbours, they do not have an obligation to cut back overhanging branches, and so there is a common law right for a neighbour to cut back branches as far as the boundary, subject to getting any relevant permission if … If they do not want it, it will be your responsibility to dispose of it. Most trees have a substitute fee of among $500 and $2500 in value. Debris From Overhanging Branches . The Council has no powers to intervene in disputes regarding private trees. If youâd like to prune overhanging branches from a neighbourâs tree, you need to apply for permission. You will each be responsible for whatever portion of the tree is on your property. Whilst landowners have a responsibility to ensure that their trees do not present an unreasonable risk to neighbours, they do not have an obligation to cut back overhanging branches, and so there is a common law right for a neighbour to cut back branches as far as the boundary, subject to getting any relevant permission if the tree is protected. In short, you can trim a neighbourâs tree that is overhanging your property. Firstly, check with your local council, to see whether the tree is protected or subject to an environmental overlay. This should apply whenever the tree owner is notified that the overhanging branches are posing a â¦ You must inspect your property for signs of diseased or rotten trees on a consistent basis. Council consent is not needed for pruning and removing bad trees. Learn About Title Insurance and Get Tips and Insight Into the Pitfalls, Insuring Other People's Property Used in Your Business, The Balance Small Business is part of the. Overhanging trees and branches are cut back to the properly line and are 2.5 metres vertically clear of the footpath; ... Council responsibility for overhanging branches. Overhanging branches or roots from a neighbour's tree coming on to your property can cause conflict. Property owners will be asked to remove any overhanging/encroaching vegetation and to inform Council that they have done so. It is generally best to discuss your concerns with the tree owner beforehand, but under established âcommon lawâ, you should be able to prune branches and roots that grow over your boundary, with or without the ownerâs consent. Fines may also be issued for the overhanging vegetation and not responding to a Notice to Comply. If your property backs onto a road and has a problem with overhanging trees, itâs possible the Highways Agency might ask you to remove them. Overhanging or encroaching vegetation is potentially dangerous, reduces the area people can safely walk on the footpath and limits access for people with disabilities. If leaves, acorns, twigs or other debris from a neighborâs tree falls onto your property, you are responsible for cleaning this debris up. In the rare case that the tree trunk lies right in the middle of the boundary between you and your neighbor, then it will be a mutual responsibility to take care of the tree. In this case, you may have questions about your rights regarding the portion of the tree that is on your property. Problems often arise when tree branches fall, causing damage. Even though the tree trunk is on your neighborâs property, anything from the tree that falls onto your property is your responsibility. 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