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David Folan
Visual Artist & Sculptor

La Cathedral Studios
7-11 St. Augustine St.
Dublin 8.

info@davidfolan.com
+353 87 618 9161

Problems such as overshadowing, privacy, damage from roots or falling branches can cause issues between neighbors. For more info visit www.alldayfencing.com/adfcouncil.php#trees. In most cases, an uprooted tree is an act of nature and cannot be anyone's fault. The roots have grown under the fence and have pushed the fence over. The branches of the tree have grown against the back of the fence and I can’t have the fence repaired without the neighbor removing or trimming the tree first. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be If visible surface roots from your neighbor's tree are invading your yard and cracking your wall or fence, the neighbor is liable for their removal. I am not on speaking terms with my neighbor but I do not want to cause a problem.”. Trees and their location can often cause much disagreement between neighbors. Find the right lawyer for your legal issue. If you fence is damaged, he will liable for the repairs if he is on notice of the condition, since it is his property causing the damage. ( Log Out /  To help with your negotiations we have drafted a collection of ‘Letters To Serve Your Neighbors RE: FENCING’. Please advise.--Jasmine, Bear, DE. Please wait a few minutes and refresh this page. Maybe the tree is large and old, which would make cutting some of its branches a shame — especially if those branches aren’t seriously impeding the function of your yard. The fence was there before the tree was planted. For instance, large trees that hang over a neighbor's fence may pose a risk of injury or property damage, while trees that aren't trimmed properly can block a neighbor… www.alldayfencing.com/adfcouncil.php#trees, ‘Letters To Serve Your Neighbors RE: TREES’. If a tree planted by your neighbor has grown and now threatens to damage property or fencing, you must write to your neighbor informing them of the situation, and request the tree be removed and replaced with a smaller more suitable tree. You cannot legally force him to cut the branch except by going to court and seeking a court order (injunction) requiring him to do this. Can you cut them back to their side? ( Log Out /  If your fence requires replacement you need to send a letter to your neighbor notifying them of your intentions, their responsibilities in regards to access and payment of their share. If your actions cause damage or ultimately kill a neighbor’s tree, you may be found liable for up to three times the replacement cost of the tree. The tree has a single branch that pushes up against my tree. Your neighbor won't necessarily be liable for healthy branches falling on your land. Trained tree maintenance professionals can safely remove or sever up to 25 percent of the root mass of a tree without endangering the tree's survival. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. Find the answer to this and other Property Law questions on JustAnswer. “My neighbors tree is damaging my fence. And while you’re at it, can you cut all the roots that are in my lawn?” If I had a dime for every time someone asked me that question, I’d be the better looking version of Bill Gates. What rights do - FS. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. My … Exceptions There is a tree on his side of the fence that, as the trunk has grown, has caused damage to the fence. Trees that may have started out small and manageable have a natural tendency to grow and mature so that, in time, branches overhang a property line. The branches belong to the owner of the tree. ( Log Out /  And if the branch is on his side of the fence, you cannot cut it yourself.If you fence is damaged, he will liable for the repairs if he is on notice of the condition, since it is his property causing the damage. The tree is very close to the fence. Laws may vary from state to state, and sometimes change. Before removing any trees always check with your local government for approval prior to any work. Just about everyone enjoys trees and other landscaping features, but they can sometimes cause problems with neighbors. 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neighbours tree trunk damaging my fence