Neighbours Guttering Overhangs My Property

Based on my former real estate training you own the space above your property and have the right to trim anything above your property although local bylaws and easements may apply.

Neighbours guttering overhangs my property.

2 points this issue was touched upon in early july re an impinging fence and secondly it s actually my aged mother s property. If it obstructs your view exiting the driveway for safety reasons you have another issue that you are probably on the right side of. If your neighbour s gutters or eaves overhang your property there could be a trespass even if your use or enjoyment of your property is not affected. If you get on with your neighbors then just pop round and discuss it with them.

He may like the tree and agree to clean your gutters so that the appearance of the tree is not compromised. It will not make your neighbor happy unless he agrees. If the neighbor took reasonable care of the tree and a storm. It is a well established principle that you own the airspace above your land so if your neighbour s gutters overhang your land then they may be a trespass even if you cannot reach them or they don t interfere with the day to day use of your land.

A neighbor s tree branch that hangs over your property may fall in a storm resulting in damage to your home car or other possessions. Her nice newish neighbours put up a huge extension about a year ago. Maybe ask if they can install a water butt in your garden so you can make use of their gutter in exchange for leaving it as it is otherwise its legal action and can get costly and lead to bad feelings between yourself and your neighbor. However if the roots of a tree next door encroach on your land and start causing damage then the onus is on your neighbour to fix it.

If eaves or guttering rather than trees overhang your. Mum gave them permission to site scaffolding on her property to do it. It shouldn t overhang your boundary but it is a simple mistake to make. Cutting the limbs over your property on a tall tree will not help the gutter issue significantly.