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philippine law on trees overhanging your property 

Attorney Rob Solomon: A neighbor who has overhanging limbs onto the driveway, and it's dropping all sorts of leaves and acorns and what have you, what to do. All other property possessed by any of them is patrimonial and shall be governed by this Code, without prejudice to the provisions of special laws. There are some basic steps to take before you start trimming. This is a great opportunity to talk a little bit about overhanging tree law. A tree that is safe at the beginning of winter … Who owns the tree. And that depends on where the tree is relative to the property line (also known as the “boundary line”).. Basically, if the trunk and visible roots are wholly on your neighbour’s property, your neighbour owns the tree. So you have finally acquired your lot and you are starting to plan a build. Under Texas property laws, if a tree falls from natural causes (lightning, storms, water) the property owner of the place where a tree has fallen is responsible for removing the tree. 1. In fact, you may be breaking the law if you cut your next-door neighbour's overhanging tree. 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. Do I have the right to prune back the branches? Consumer Rights for Cutting Branches. It was doing zero damage to their property as it was a vacant lot. Laws on Overhanging Tree Branches. Hopefully, if you are able to keep calm and make a clear case about the potential danger that the tree presents to your property, your neighbor will understand and agree to take reasonable action, including removing the branches that grow over your property or the entire tree. If a tree is dangerous to passers-by or children playing in the area because it is touching an electrical line, it needs to be removed quickly. Branches of a large tree hang in your yard, but the trunk is planted in your neighbor’s yard. That's the text. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. Fallen Trees. Cor said though, that, just like you, your neighbour has a right to “the enjoyment of his or her own property,” which includes planting trees and erecting buildings (as long as they comply with the National Building Regulations and the by-laws of your local municipality) - even if they obstruct your view or block your sunlight. Writing a tree-removal request letter is the first step towards having a tree removed. The neighbour one day had a company come in an chop down the tree and remove it over the next day while we were at work. When you have a disagreement with your neighbour about a tree, what you can do partly depends on who owns the tree. One of the first thing most people decide to do is clear the land to see where they will … I bet … This includes situations in which a tree that was rooted in a neighbor’s yard has fallen down onto another neighbor’s property. If they don’t agree, it’s time to explore other options. A landowner may cut off any tree branches which over-hangs his/her property without giving notice to the owner of the tree providing the branches which overhang are interfering with the property and causing a nuisance, i.e. (344a) Art. The tree was 99% on our property but the trunk did protrude slightly onto the neighbours property. 425. Cutting Trees on Your own Land in the Philippines is not as simple as you might imagine!. Situation 1. Check this list of consumer rights and rules on cutting encroaching or overhanging foliage. My neighbour’s tree is overhanging into my garden. 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