Neighbour Guide: Wood Burning Stoves and Chimineas, Noisy Flat Above is There Anyting We Can Do. Returning to the owner of the plant a jar of jam or other produce the foragers make from the harvest maintains good relations and the possibility or harvesting again next season. Doing so is viewed as benefiting from the work of others while the forager makes no contribution to maintaining the plants. Overhanging vegetation is dealt with under common law (see above). Top. I would still advise anyone to make a report. There is confusion around the legality of harvesting fruit and nuts or taking other materials from the branches of trees and shrubs growing in private urban gardens whose branches overhang public land. The branches hang over my garden and the mess is awful, I can’t open my windows without them covering my bath and even getting into my bed. Looking Out for Elderly Neighbours in Cold Weather, Rules on Hedges & Roots Growing into your Property, What to do if You're Concerned About the Health of a Neighbour, What to Do When You're Planning Building Work, How I Dealt With Neighbours' Noise: A Case Study, Adverse Possession and Your Neighbour's Fence, Anti-Social Behaviour from your Neighbours, Guide to the Anti-Social Behaviour, Crime and Policing Act, How to Deal With a Neighbour 'Stalking' You, Problems Living In, or Near a Student House, What You Have to Declare About Neighbours When Selling, How to Deal With Environmental Nuisances Caused by Neighbours, Problems With the Neighbours at Christmas, When Disputes Can Result in Discrimination, When Mediation Can Help in Neighbour Disputes. My neighbour has a huge Ash tree growing in their garden boundary in a private Alleyway. 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. What action can I take? 1. Load Projection or Overall Width Action required Over 305mm lateral projection on either side. Do not forage in community gardens, including taking seeds or plant cuttings. 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. This is trespassing and you could be prosecuted. He refuses. If it is, you’ll need to seek further clarification. It’s a beautiful Christmas tree, perfect for council to use it on Christmas days in the town centre. 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. Still Willing To Let Someone Else Feed You? Obviously, many neighbours will not tend to worry about that too much but should a neighbour, for example, see you collecting apples from their tree even though the branches have grown onto your side, they are legally entitled to ask you to return them. Share Your Story, Join the Discussion or Seek Advice.. I have a wooden pergola at the back of my garden. Ask your neighbour to cut the parts that overhang your land. It is recognised that particular issues may stem from where trees with poisonous fruit and / or foliage is allowed to overhang onto neighbouring property, where animals can graze upon this poisonous matter both removed from and attached to the tree. Dids, Hi I have a neighbour who asked if they could cut their trees from my side of the garden and then left the branches in my garden. Am I within my rights to dump the offending leaves minus the bin bags back in the neighbours garden? The Theft Act 1968 makes it a criminal offence to take wild flowers, fruit and foliage from any plant if it is sold for commercial gain. Wood Burning Stove: Can Neighbour Object? 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. Limit or avoid foraging from plants in public places maintained by community volunteers. Garden Law Discussion. For example, most parts of a yew tree are poisonous. The problem here is less one of encroaching roots or branches, as local authorities and the secretary of state have statutory powers to deal with those, but rather one of trees falling on people and injuring them and their cars. The landlords have had a few quotes and saying it is too expensive to fall the trees, and are suggesting if my neighbour and I want anything done a contribution to the cost would be required What if a Child Sex Offender is Living in Your Area? 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? My neighbours also have trees growing, owned by building company, with branches going in their gardens. The table below is a summary of the requirements applicable to loads overhanging the sides of a vehicle. In cutting back any overhanging branches (or encroaching roots) the following must be observed: you must not trespass onto the land on which the trees are growing It is reaching over into my property and all over my hedge. 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. Windfall fruit and fruit on overhanging branches cannot be taken without consent. My neighbour keeps cutting the leaves off my yucca tree that is about 2 Ish from the boundary are they allowed to cut it when it’s in my garden we do not get on and don’t speak what can I do to stop them thanks, I have a problem next door neighbour that keeps cutting the leaves off my yucca tree past the boundary we do not get on or speak what can I do to stop them and will my yucca survive. This applies also to foraging edible or useful fruits or plant parts of native plants in bushland. She is so terrified that the wasps will attack again, they have been literally smashing against her windows trying to get in! 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. My next door tree is over growing in my garden I’ve jist do my garden out and the tree branches keep falling n my garden I’ve asked them to cut it back but they are not assed, Hi my neighbours at back of me have a non edible tree overgrown the berries n leaves keep coming in my garden n nearly had disaster last week my grandson put berries in mouth luckily I got them out everyday my garden looks a mess I sweep up everyday artificial lawn which I had done as my grandson has cerebral palsy can I cut the tree bk so it doesn’t come in my garden without her permission. The land the tree is growing on is owned by a building company. 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 . I cut it back last year as it was awful but this year husband is saying I need to ask first because of the flowers on it. On the other hand, should the trees be causing SIGNIFICANT damage to your gutters (not just blocking them) you can ask your neighbour to pay to have them cleared or to pay for the cost of any damage they might have caused. Foraging is not permitted in national parks as, to they are set aside for the preservation of natural systems. This would be a problem for foragers a well as for bushfood enthusiasts who harvest edible Australian native species. Regular tree inspection reduces liability. I’m not council I own the house in question It is pushing my fence down. If the tree has a Preservation Order on it then you cannot cut/pare any branches. If the tree has a Preservation Order on it then you cannot cut/pare any branches. This also includes any fruit falling onto your property. How Do I Find Out if Neighbour is a Sex Offender? Situation 1. Foraging seed or other plant parts in botanic gardens is prohibited. What Can I do About My Problem Neighbour? 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. They are ignoring all my messages. I reported both to the police for criminal damage and to the council as they are tenants. Most citizens expect the law to allow reasonable cutting and trimming of overhanging trees. The Wildlife and Countryside Act 1981 protects bird nests and bat roosts. However, the branches and any fruit on them which you may have cut down on your side still belong to the tree owner so they can ask you to return them. This is by law. Harvesting is legal in most Australian states. Local government may prohibit the removal of any kind of vegetation growing on public land. My neighbour has just ignored requests for it to be cut down and thinks it is the councils responsibility to cut it down. "It's governed by the Dividing Fences and Tree Act of 2011 that regulates overhanging trees onto private land. 3. The neighbour is refusing to cut the trees, and if my mother is to cut the trees, this will be in excess of £1000. When it comes to overhanging tree branches in your yard, over your house, or along power lines that effect your home, you may have some say about what happens to that tree and its maintenance. For example, most parts of a yew tree are poisonous. White farmers: Yes, we need to talk about racism too. Maintaining good relations is importantMaintaining good relations with owners of overhanging trees is always worthwhile. Moral issues around foragingDo not harvest all the fruit or other parts of a plant so as to leave some for others. Please could someone advise. Thanking you for any advice. If that fails you are almost certainly within your rights to clip it or snip it. My neighbour has a rose bush at the front of our terraced properties and it overgrows over to our side of the drive every year making it very difficult for me to get children in and out of the car! Thankfully, the people at GardenBuildingsDirect.co.uk are on hand to reveal the top seven laws you need to be aware of. 1. What to Do About Noisy, Dirty or Aggressive Animals. An overhanging tree may also be a danger. Foragers are advised to learn about laws in their own states. If your complaint is … Hi, 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. 11 posts • Page 1 of 1. A If the fruit falls off, it is legally regarded as abandoned, so you may keep it. My neighbour is a local authority. If they refuse to do so, you can legally sue them and force them into paying. If the trunk of a fruit tree is on your neighbors’ property, the tree and the fruit it bears belong to them—even if fruit-laden branches overhang your property. My neighbour has trees under a preservation order and a hedge that are causing structural damage to my property, can I cut off the overhanging branches and who pays for the tree surgeon? This even applies to windfall apples etc. What Can we do About our Neighbour's Noisy Dogs? Another common problem area is trees adjacent to highways. Plans to Speed Up Evictions for Problem Neighbour, Police Forced to Deal with Anti Social Neighbours, Recognised Tenants' Associations and What They Can Do. A significant artery of my neighbour's tree is leaning on one of the wooden supports and causing damage to the pergola. I live in a loft-studio flat, second floor. You can cut back any overhanging branch that comes into your property. A tree or shrub belongs to the ownerof the land on which it grows even if its branches or roots go over or under adjoining land. Any advice greatly appreciated! 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