My neighbours also have trees growing, owned by building company, with branches going in their gardens. Not sure it makes any difference but just for info we both rent from housing association. Q Can I pick the fruit from the branches of an apple tree overhanging my garden? Thanks m. My neighbors have overgrowing bamboo in my backyard, I had to replace the old fence and put a new one and now it's pushing my fence I got pictures of dents in my fence and the bamboo it's also over the electric cables, the neighbors don't want to do anything about it, they said they're renting and they refuse to give me the owners number to contact them. Thanking you for any advice. This would include edible parts of trees and shrubs. This includes the branches and the fruit of any tree or shrub. In this circumstance, you will need to get permission from next door. Legal issues around foragingForagers are advised to check the state and local government laws and regulations where they intend to forage edible or useful parts of plants. My neighbours silver birch trees and conifers are taller than my house, over hang my land, block out light and are damaging my roof. Harvesting is legal in most Australian states. They are ignoring all my messages. They have TPO on them. 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. Even though community gardens are often on public land, they are set aside for the use of members of the gardens. Thanks. If your complaint is … Neighbours renting property next door, I have contacted the landlord as there is 2 massive trees in their garden, one for and a sycamore. The primary readership for this note are urban foragers who: The question of the legality of harvesting accessible fruit and nuts on branches overhanging public land from private land, and of harvesting edible species or taking other parts of plants growing on public land arose with the increased interest in urban gleaning in recent years. If its damaging your house get a solicitor involved as the tree owner needs to pay for any damages and work needed to repair what his tree has done. Consistently losing fruit and vegetables to opportunistic, non-contributing foragers discourages volunteers. The judge ruled, in the case prior to it going to appeal (of which the outcome is not known), that if the trees are not doing any damage, then it may be up to the claimant (plaintiff) to abate the nuisance by cutting back to the boundary line. Veganuary: Honest anecdotes from a month of eating ‘plants’, Hot Breakfast: The Privileged Life of My Children, take fruit and nuts from the branches of trees and shrubs overhanging public land from plants growing on private land. Before therefore you dispose of the overhanging branches you should first offer to return them to your neighbour. Consider the work of volunteersSome edible crops growing in public open space such as local government land are maintained by volunteers. My garden is all decorative stone, no grass with only plants in pots. Over year we noticed a tree start to leaning on one side(corner of neighbour garden and public road) what we should do in this situation? Laws and regulations are administered by state and local government and may differ in each state. As a result, it’s not necessary to receive permission before cutting them from your garden. Trimming overhanging branches . There is a risk of it snapping and falling onto the property. From letting children bounce on trampolines to trimming overhanging … If this is not done, the complainant has the right to trim the tree back to the boundary line (but see Tree preservation orders below) although any branches and/or fruit removed belong to the tree’s owner and should be returned. However, some overhanging branches can only be removed from the other side of the fence. From letting children bounce on trampolines to trimming overhanging branches, there are … TheHigh Hedges law only applies tothe height of morethantwo evergreentrees plantedas a continuous hedge. If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. UK case law and overhanging tree branches May 3, 2016 May 11, 2016 forgottenwoods Whilst overhanging branches of a tree are not deemed trespass but instead nuisance, the case of Earl of Lonsdale v Nelson [1823], which dealt with trespass and not nuisance is perhaps a peculiar beginning. It would potentially complicate harvesting bushfoods in patches of remnant urban bushland. Dids, Hi The latter is a real pain ...cuts out light and sun in the summer, and the leaves and other debris in the Autumn is an absolute nightmare. If the tree bears fruit on branches which overhang into neigbouring land, it is an offence under the Theft Act (1968) to keep them or to take cuttings of flowers. The Theft Act 1968, for England and Wales, states that: "A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a … This is trespassing and you could be prosecuted. Always leave some for others. I'm also worried he will try to cut my trees down behind my summerhouse as last year I had to stop him from doing this as he thought they were on he's land I did dhow him that the neighbours to both sides of us they fencing was in line with mine so he should not cut my trees down, I have my private parking spot, and to the side of my car is a boundary fence and beyond that belongs to the council, there is about six cherry trees that are overhanging the car park and my car gets covered every year with cherries and when they are ripe they sick all over the car and windows and leave stains on my car . Pruning overhanging trees. Where do I go for help? Your Rights on Trees & Overhanging Branches, neighbour's trees action guide - written by a barrister, Public Rights of Way in England and Wales, Legal Aid Cuts Make Fighting Disputes More Expensive. the term ‘private land’ refers to land the property of an individual or organisation. Load Projection or Overall Width Action required Over 305mm lateral projection on either side. Please advice me what can I do. The Ash tree has grown to a great height and its branches are now overhanging high and in all directions with a distance of 6-7 meters away from my property. Leaving the wall repair aside, I would like to remove the pergola. Anything else I can do to solve this situation? In the article on ABC Radio Brisbane (see below), the journalist said it is legal to forage fruit that is growing on private land and that overhangs public land. An overhanging tree may also be a danger. The article is of primary interest to foragers. He has two very large eucalyptus trees next to my boundary. It’s always better to discuss this with your neighbour first but if an expert does have to be called in, it’s the tree owner’s responsibility to foot the bill. - Answered by a verified Lawyer We use cookies to … What can I do to resolve this. There is an expectation that non-members will not forage in community gardens. What Should we do About Our Neighbour's Complaining? the terms ‘public land’ and ‘public open space’ refer to land administered by local government to which the public has access; examples include public parks, streets, footpaths and lanes. 1. Wood Burning Stove: Can Neighbour Object? What can be done. Moral issues around foragingDo not harvest all the fruit or other parts of a plant so as to leave some for others. We don't get along with them so I'm not really wanting to have to knock on the door to ask permission to cut it back! A Beginner’s Guide to Truffles (and ‘Truffle Oil’). My neighbour has a 70-80 foot weeping willow tree with some of the branches hanging over our garden , but is to high to reach so we can’t cut them back , We recently moved to the house and this was the first year we spendthe summer clearing our very overgrown garden , and have made it looking really nice but the neighbours tree has not stopped shredding leaves and on windy days even branches have fallen in the garden , we keep trying to clear it up but it’s alosing battle , throughout the year it also blocks out a large amount of light in our garden , now it’s autumn the situation is 100 times worse , we have spoken to our neighbour about it and she got really funny with us but eventually did agree that she would have some cut off in the winter months but she wants us to pay half, if she doesn’t go ahead with it do we have any rights to get something done about it What should we do next? Load Projection or Overall Width Action required Over 305mm lateral projection on either side. The same goes for encroaching foliage of on the borders of adjacent residents. Can you give me some advice to pass on to him in the hope that he will take heed? It is the same in community gardens. What Can I do About My Problem Neighbour? If the tree has a Preservation Order on it then you cannot cut/pare any branches. There are two silver birches overlooking my garden. What is the law on a neighbour's tree branches overhanging your property and dropping fruit on to your property? Hun. It seems to not be causing much problems of noises or vibrations on the lower floors, but it has been causing a constant vibration in my loft. Don’t ask me why? The table below is a summary of the requirements applicable to loads overhanging the sides of a vehicle. 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 to the boundary line. Where do I go next? 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