The intrusion of the roots or branches of a tree into adjacent properties can become a special form of legal nuisance. Relevant points include the following:
- If the roots or branches of a tree on one property penetrate or overhang a neighbour’s land, this neighbour (who may be owner or tenant) is entitled to cut them off, as long as this is done on their side of the boundary. The boundary is presumed to run vertically up and down from the line at ground level. The neighbour cannot claim expenses from the tree-owner.
- Any cuttings remain the tree-owner’s property, and cannot be utilised by the neighbour in any way. The neighbour can, however, place all cuttings on the owner’s land. If the owner throws them back, the neighbour can claim for any financial loss incurred.
- If the neighbour must enter the owner’s land to cut off overhanging branches, the neighbour must first serve notice of an intent to do so. The owner can then do the work personally if desired. Otherwise, the neighbour cannot be prevented from entering the land unless an injunction is obtained. Aclaim can however be made for any damages resulting from the neighbour’s entry on the land.
- The neighbour must exercise every care to do no injury to overhanging trees when lopping off overhanging branches or penetrating roots.
