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Forums > General Discussion   Shooting the breeze...

Tree's and Neighbours - Who's responsibility?

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Created by latedropeddy > 9 months ago, 23 Apr 2012
latedropeddy
VIC, 417 posts
23 Apr 2012 5:02PM
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I have 2 large ghost gums near the fence on my property. The neighbour keeps complaining about branches occasionally dropping into her property.
I want to keep the trees (they are hangouts for all the local birds and are my wind indicators) plus I can't afford the cost to get them removed. From my limited knowledge they look reasonably healthy.
Is it my responsibility to remove the overhanging branches (into her property) or hers?
What happens if one of my trees falls on her house? Does my insurance cover it?

I would be glad to hear if anyone else has had similar issues and what they did...

doggie
WA, 15849 posts
23 Apr 2012 3:15PM
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Get a tree doc to come and have a look at it, give it a bit of a check up etc.

Mum & Dad had to get one taken out as it was massive and was starting to die. It would have taken out their house and next doors house as well.

GypsyDrifter
WA, 2371 posts
23 Apr 2012 3:15PM
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This is an interesting site!

www.neighboursfromhell.com.au/trees.html

nick0
NSW, 510 posts
23 Apr 2012 5:56PM
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if on ur property its ur decision weither to remove or not but it is also ur ass is it comes down .. often works to get your neightbour to pay half half .. mabey a decent prune would keep them happy

Zuke
901 posts
23 Apr 2012 4:03PM
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Our local council laws allows the neighbor to prune any branches over hanging their property and return them to the owner for disposal.

As is usually the case with councils, the laws will vary so check with your council first.

Krispy54
NSW, 73 posts
23 Apr 2012 7:19PM
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nick0 said...

if on ur property its ur decision weither to remove or not but it is also ur ass is it comes down .. often works to get your neightbour to pay half half .. mabey a decent prune would keep them happy




Spot on. They can also legally prune all overhang on their property as Zuke said.
I'd have a chat and it may keep them happy if a prune is suggested.
You get to keep the trees and they don't have as much fall out.

Mark _australia
WA, 23715 posts
23 Apr 2012 7:42PM
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Ring your insurance company about if their house is covered if your tree falls on it. And then the council re: overhanging branches on property line.

Maybe a bit more helpful than a watersports forum with participants into conspiracy threads, left vs right political debate and should pot be legalised

FormulaNova
WA, 15109 posts
23 Apr 2012 7:53PM
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Krispy54 said...

nick0 said...

if on ur property its ur decision weither to remove or not but it is also ur ass is it comes down .. often works to get your neightbour to pay half half .. mabey a decent prune would keep them happy




Spot on. They can also legally prune all overhang on their property as Zuke said.
I'd have a chat and it may keep them happy if a prune is suggested.
You get to keep the trees and they don't have as much fall out.




Which shows just why it is important to ask your local council, as often people don't really know, and it seems to vary between locations.

My local council, for instance, has a tree preservation order for almost all trees, so even if you want to cut down your own tree, the council has to agree. You can cut down fruit trees and noxious weeds, but not much else.

If a neighbour wants you to cut down your tree, you the owner has to agree, and the council as well. If they cut it, whether overhanging their property not, they may get a huge fine. If you cut it down, and the council doesn't like it, you too can get a huge fine.

Anyway, that's my council. Yours, no doubt, will be different.

I had to get two dead gum trees cut down as I was worried they would fall on someone. I still had to get council to give permission and they had to inspect them.

Unfortunately a perfectly healthy gum tree then decided to fall on a neighbours villa, and smashed the fence and a dozen or so tiles on their roof. It was a big tree too.

Surprisingly for me, it turns out when a healthy tree falls over like that and causes damage, it is an act of God. Which means I am not responsible or liable for it. Despite me being happy to claim it on insurance, my insurance company wouldn't do anything, as legally I am not, and therefore they are not, liable. The neighbour's insurance company covered the cost of their own damage with not a single word of complaint.

Practically though, if they are not noticably unhealthy, then I think you are okay, but it is always worthwhile to ask your council and your insurance company.



Pugwash
WA, 7733 posts
23 Apr 2012 9:13PM
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I love trees. Big, healthy, green trees... So much nicer than concrete

Compost... Glorious compost

landyacht
WA, 5921 posts
23 Apr 2012 9:38PM
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was the tree there when they bought the house, ?

T 11
TAS, 811 posts
24 Apr 2012 12:28AM
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I had a big gum 30m high fall over the neighbours gazebo quite a few years back (this too was a good wind indicator until it blew down) It turned a reasonable neighbour into the neighbour from hell.
At the time I just let the insurance sort it out and they fixed everything after I paid the excess but later I spoke with a lawyer and he said I should have told him to get stuffed and fix it himself it was an act of God plus the fact the council won't let you just cut a tree down here its a greenbelt area.
Any way I went for a second opinion and it was exactly the same I wasn't liable unless they can prove negligence on my part so I'm ready for next time that is if he stops poisoning them and I have some left.



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Forums > General Discussion   Shooting the breeze...


"Tree's and Neighbours - Who's responsibility?" started by latedropeddy