English Riviera | Devon
If they are in a neighbour’s garden or other private land, there is no legal requirement for the owner to prune the tree(s) to stop them growing over your property. You have the legal right to cut back branches or roots that cross your boundary. You can only do this from your property unless you have permission to go onto the neighbouring land. You are also responsible to dispose of everything you cut from the tree if the owner doesn’t want it. If the tree is owned by us and the overhanging branches are affecting your property you can ask us to prune the tree(s). Generally we will only prune trees where the branches touch or are very close to a building however we will consider each request we receive. Where the overhang is relatively minor or at considerable height, we may not take any action. If the tree is owned by us we will look at the problem and you’ll receive a reply.
There is no legal right to a view, and no automatic right to light from across a neighbours land. If the tree is owned by us we will not generally carry out the topping, thinning or felling of trees simply to allow more light to a property or to prevent shadows over solar panels. However we will consider each request. Shadows over solar panels could reduce their ability to generate electricity; your provider should have notified you of any potential issues before installation. If the tree is owned by us we will look at the problem and you’ll receive a reply.
Any tree(s) in a neighbours garden or private land that affect your television reception are unlikely to be regarded as a nuisance in law. There is no legal right to television reception. In most cases the interference can be reduced by relocating the aerial or by using a booster box. These options are far cheaper and less destructive than pruning or felling the tree. If the tree is owned by us we will not generally carry out the topping, thinning or felling of trees simply to improve television reception. If you report this we will log the details but you will not receive a reply.
If the tree is growing very close to or tangled in telephone or electrical wires, you should contact your phone or electricity provider for help as only approved tree contractors are authorised to prune around these services. If you report this we will log the details but you will not receive a reply.
Leaves, sap, pollen or other debris that falls from a tree is largely out of our control and not legally classed as a nuisance. After falling from a tree they are classed as part of the natural environment in law, if they land on private property it is up to the owner of the property, not the owner of the tree, to clear their paths, gutters or gardens. If the tree is owned by us we will not generally prune trees to deal with this issue. If you report this we will log the details but you will not receive a reply.
If the tree is in a neighbour’s garden or other private land and you think it may be damaging your property we cannot get involved, you should contact your home insurance company for advice. If you report the issue we will log the details but you will not receive a reply. Generally we will not prune our trees to deal with this issue unless there is evidence that the tree is or may cause damage. If you have evidence that a tree we own has caused damage to your property you need to send the details to us. You should email the information and evidence to claims@torbay.gov.uk. All claims are thoroughly investigated. If we own the tree and you report this we will log the information but you will not receive a reply unless you have sent details and evidence to the email above.
Birds roosting in the trees outside my house are creating a mess on my car or drive. Any mess made by roosting birds is not legally classed as a nuisance. If the tree is owned by us we will not generally carry out the topping, thinning or felling of trees simply to stop birds roosting, however we will consider each request. There are many ways that you can stop birds roosting in your tree. You could: • Install pigeon spikes onto the level branches where birds are likely to land • Attach wires along the branches • Apply a non toxic bird repelling caulk this needs to be topped up each year • Install an audio device • Use mock birds, which one you buy depends on what type of bird is roosting in the tree If you report this we will log the details but you will not receive a reply.
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