Trees have a lot of economical value, environmental value, and health value also. They tend to have some demerits too, but this article is going to talk about only a part of the demerits which deal with tree parts that may cause disputes between you and your neighbor. One such thing is if it is okay to throw your neighbor’s branches back or grow plants on the neighbor’s fence?
Continue reading to have ideas on what to do under possible situations or scenarios.
Is it Okay to Throw My Neighbor’s Branches Back Into Their Yard?
If you have trees in your environment, maybe in your compound or neighbor’s compound, falling branches of trees are something that you can’t avoid because it is natural for a tree to have falling branches or leaves, especially in the autumn season of the year.
Branches of trees fall off because of hot temperatures which cause the tree to naturally take off some load of parts, as a result of the burden of transpiration on the tree.
Now that we know why tree branches fall, let’s answer the question “can I throw my neighbor’s branches back?“
According to the right of abatement, stating “if you are a property owner, you have the right to trim off branches or leaves of trees that stretch out to your property”, and an extension of the right also supports you to throw back parts of trees falling into your property back to the source surrounding.
So, yes, you can throw your neighbor’s branches back. Why? It is because the tree is in his compound. So he has the right to clean any fallen off part of the tree and look after all parts of the tree.
Moreover, if you want to know if you have the right to throw your neighbor’s fallen branches back into his yard, you can consult your citizen’s bureau of advice, if you are unsure if it might cause a dispute between you and your neighbor. So, to know your take on the matter, it is advised that you consult your citizen’s bureau of advice to be on the safer side.
But the general rule is that you can return the fallen branches because it is the property of your neighbor, and you have the right to return them.
What else is okay to do?
It would be nice of you if you did pick it up for him rather than throwing it back to your neighbor because it fell into your compound and it is your right to clean your surroundings. Another option is to pick and get rid of the fallen tree branches because you can’t be at war with nature even if you have a dispute with your neighbor.
A popular quote that was made by John Kennedy said: “I would think of what I can do for my country rather than what my country can do for me” since the main aim is to make your country healthy and clean and for the benefit of humanity.
Neighbors Throwing Branches Into Your Yard: What to Do?
There are so many things you could do if your neighbor is throwing tree branches into your yard. If they are not yours, let’s talk about some actions that you can take which will be beneficial to you:
- To start with, you can do it peacefully because when a neighbor throws tree branches into your yard, it can make you angry. The peaceful way is that you should have a sit talk or rather a talk that you don’t like when they throw tree branches into your yard, telling them the reasons you don’t like it.
- You can inform the police about your neighbor’s action, it is a matter that you can inform the police because while your neighbor threw it, it could have destroyed your property.
In a situation where the tree is yours and the branches fall on either side of the properties, there are also things you can do:
- You can pick up the tree branches since it is your tree and put them in your waste bin or use the branches for a fire.
- You can just thank your neighbor for throwing it back for you because it is your property. There is no need of making a matter out of it since it is your tree.
Who is Responsible When a Neighbor’s Tree Branches Fall in Your Yard?
Of course, your neighbor is responsible for his property in your yard, since the tree is his tree and it is located in his yard, it is surely his responsibility to do the cleaning and picking off his tree branches.
Laws vary from place to place, under common law, and into a deeper survey, you both are responsible for the fallen tree branches.
This is because you are responsible for the fallen tree branches because it has certainly made your yard unclean, and you have the responsibility to clean your property. It won’t be nice if your yard becomes a breeding space for diseases and pathogens, without thinking about the relationship or level of familiarity between you and your neighbor.
I would suggest you clean the fallen tree branches because your neighbor didn’t drop them on purpose but it happened naturally. For the sake of your health, you are also responsible for the fallen tree branches.
It is your neighbor’s responsibility also because it is his property and he has the right to look after them. In case the tree branches are old, dried up and dead which made them fall into your yard, it is your neighbor’s responsibility.
If we are to talk about legal matters, the tree branch could have destroyed your property or injured you if it fell into your yard. If this happens, your neighbor would be blamed by the court because it was an old or dead tree branch that your neighbor could have gotten rid of simply by cutting the tree down with an ax or chainsaw.
If the tree branch fell into your yard as a result of a storm, heavy wind, cyclone, or heavy rain, you and your neighbor are responsible for the fallen tree branches.
That is why a good relationship between you and your neighbor is important. In that scenario, you and your neighbor can use the fallen branches to make a fire or to warm your respective houses.
Can My Neighbor Cut My Tree Without Asking?
Before your neighbor can cut your tree, without asking you. Depending on the situation, we are going to talk about some of the scenarios in this part:
- In a situation where your tree is hanging from your property or your yard to a neighbor’s yard or property, your neighbor has the right to cut that branch, which is a part of the tree, without asking you.
- If the tree is in your yard, your neighbor doesn’t have the right to cut your tree at all because it is on your property and it is your property. Universal law supports that you must not touch someone’s property without their permission.
Can I Ask My Neighbor To Cut His Trees if it Overhangs My Yard?
Responsibility for cutting overhanging tree branches is not glued to one person, but the two parties (you and your neighbor that owns the tree). However, you can ask your neighbor to cut his trees if it overhangs your yard because it is his property.
Who knows, it might also have been causing you discomforts like blockage of light, TV antenna, or home for noisy birds even before you planned to ask him to come and do the needful.
So yes, you can surely ask your neighbor to cut his trees if it overhangs your property.
Whose Responsibility is to Cut Overhanging Tree Branches?
Trees have been known to cause disputes between neighbors all around the world, especially when trees overhang one property to another. Imagine tree branches overhanging your yard and you don’t know whose responsibility it is to cut them.
If the tree branch is that of a living and healthy tree, you have the responsibility to cut tree branches that hang over your boundary line.
But if the tree branch is that of a dead and unhealthy tree, the owner has the responsibility of cutting the overhanging tree branches before it collapses and causes harm to your neighbor’s yard.
Can You Cut Back a Neighbor’s Overhanging Tree?
Before you cut back a neighbor’s overhanging tree, it will be nice if you tell them you want to cut it because so many people might get angry over small issues which may jeopardize your relationship with them.
You can cut back a neighbor’s overhanging tree because the tree has stretched over your boundary line, from a legal point of view.
Conclusion
Trees are one of the most important gifts nature has ever given us, they perform a lot of responsibilities to the environment, like carbon dioxide and oxygen balance, windbreakers, and so on. But they seem to cause disputes between neighbors because of their growing sizes which may extend into another person’s property.
To know reliable decisions to make in confusing situations involving trees, you can go and meet an arboricultural consultant for additional advice.