How can I stop my neighbors from trespassing on my property?
How can I stop my neighbors from trespassing on my property?
If your neighbour is causing a nuisance, you should initially talk to them about the problem and ask them politely to stop or remove the nuisance. If this is not successful, you can apply to the Supreme Court of NSW for an order against your neighbour to stop the nuisance.
Do I have to give my Neighbour access to my garden?
Generally, if you go onto to your neighbours land without their permission, you are trespassing. However, if you wish to repair your home, you may go onto your neighbours land without getting their permission. Before going on your neighbours land, you should still ask their permission.
What can I do about my Neighbours overhanging trees?
You can cut back any overhanging branch that comes into your property. 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. If the tree has a Preservation Order on it then you cannot cut/pare any branches.
Can you force a neighbor to cut down a tree?
And, since this case isn’t about a tree that’s posing harm or impeding on their property at all, the neighbor cannot force Phyllis to cut it down. Homeowners must inspect trees and ensure their trees are safe. Homeowners can be held liable if they fail to remove a dangerous tree and it causes damages.
Can you force a Neighbour to cut down a tree?
What legal position do I have? You cannot force your neighbour to remove overhanging branches or fallen leaves on your property. However if these cause excessive damage, you can sue them for the cost of repair..
Can I cut down my Neighbours overhanging branches?
You can trim branches or roots that cross into your property from a neighbour’s property or a public road. You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property.
Who is responsible for pruning overhanging branches?
exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line. decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. You do not have to return anything you trim from the neighbour’s tree but you may do so.
Can I ask my Neighbour to cut his trees?
You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it.
