branches hanging over fence

[spiro077]

Hi everyone,

My neighbour has cut tree branches hanging over onto their side of the back fence and dumped them on my side. Is this ok? Or are they responsible for disposal of the branches?

I understand that they don't need my permission to cut the branches, and they haven't asked for it or informed me. In fact I've never even met them. I just came home from work and saw the mess in the back yard.

thanks in advance for any information and sharing of experiences

Spiro

 

[wylie]

This was the rule but I thought it had recently changed and now they had to get rid of the offcuts themselves???

 

[CHAOS]

I too thought the branches can be thrown back over the fence. We have never done it - simply wanted them not there so cut and removed.

On the flip side we have a tree that overhangs a neighbours property. The neighbour has commented on what a lovely tree it is and it provides some shade to their yard via the large overhanging branch. We are in the situ where that branch unfortunately needs to be cut - possibly upsetting the applecart.

 

[fokas]

Nice neighbours! Seems like it would take more effort to lift and hoist branches over the fence then it would be to put into the green bin... and it would have taken even less effort to knock on your door or stick a note in your letter box telling you about their intention.

 

[Redwood]

It generally is ok for a neighbour to cut branches and throw it back if they are indeed overhanging. I did it at the beach house and unfortunately no green bin here. Neighbour and I still have a good relationship.....which helps!

In SE of Melbourne, I consulted the council. I have an extremely large tree going over 7 metres over my property. The branches damage my roof, leaves everywhere in autumn. However, I was told by the council that If i cut the branches off and it affects the 'balance' of the tree, then I may be liable. In that case and with some nasty neighbours (*******s objected to the development in 2003), I have not taken the risk.

 

[The Fence]

My neighbour has cut tree branches hanging over onto their side of the back fence and dumped them on my side. Is this ok? Or are they responsible for disposal of the branches?

It most certainly is NOT ok.

Yes they can cut the branches, whilst at the same time observing the local Council rules regarding the lopping of trees.

But to throw them over the fence is not on.

At least that is what I found out when a neighbour of an IP we had tried it on.

I rang Council and they confirmed to me that it was not ok.

I kindly informed the neighbour that I'd spoken with Council and told them that Council had informed me that they (the neighbour) had broken the law regarding lopping a tree greater than 3m in height without permission.

I didnt have to ask them to take the branches back, they did it out of the goodness of their hearts ! LOL !

 

[Scott No Mates]

Neighbours at the ppor sought permission plus had to apply to council to trim back our little oak tree (only 60' wide on a 50' block and just as high). They got some pros in who hacked the offending branches. All mulched and removed at no cost to me

I redid landscape at an ip in November just past. Trimmed trees away from power lines etc but left non-offending bits tall. Neighbour at IP got stuck into the bottle brush at the front. No asking the tenants etc. Tenants called me. I am on first name terms with the tree preservation officer at council. I should hear back any time now.

 

[vaughan]

Here is the procedure for Willoughby council: others will be similar:

http://www.willoughby.nsw.gov.au/your-neighbourhood/trees/Pruning-and-Removing-Trees-FAQ/

Can I prune my neighbour’s tree?

If the tree is protected by the WLEP 2012 Tree and Bushland Preservation you will need to ask the owner for their permission. If they agree you may lodge an application as long as they sign it or provide a letter of support. If they do not agree to your request, it becomes a matter for the Community Justice Centre. Council does not mediate in these matters. Please note that new tree dispute laws recently came into force. The Land and Environment Court can provide details on these laws.

If the tree is not protected under the WLEP 2012 Tree and Bushland Preservation, then under Common Law you can prune the tree provided that:

You inform the owner of the tree before carrying out the pruning
You return all branches and fruit to the owner
You do not unnecessarily damage the tree in the process
You do not trespass onto your neighbour’s property

Pretty clear: return all cuttings to the tree owner.

 

[spiro077]

Thanks again everyone for your responses, and especially you Vaughan for the trouble you went to to look up council info

I was not informed by anyone that they wanted to prune the branches so in this respect I may have been wronged. But since I don't actually have any evidence of who cut them I suppose there's really not much I can do, except maybe install cameras and catch them next time

 

[The Fence]

Uhmm no,

"You inform the owner of the tree before carrying out the pruning"

so I would think that means getting permission no?

Then:
"You do not unnecessarily damage the tree in the process
You do not trespass onto your neighbour?s property"

So hacking away at half a tree does not unnecessarily damage the tree ?
And returning the branches and fruit to the owner does not involve trespassing?

Interpretation me thinks.

I got the advice from the Gosford City Council over the phone and they offered to back it up with written if I wanted to take it further and make an official complaint.

I didn't and chose to inform the neighbour of the consequences insted, which worked bye the way.

 

[neeko]

Hi everyone,

My neighbour has cut tree branches hanging over onto their side of the back fence and dumped them on my side. Is this ok? Or are they responsible for disposal of the branches?

I understand that they don't need my permission to cut the branches, and they haven't asked for it or informed me. In fact I've never even met them. I just came home from work and saw the mess in the back yard.

thanks in advance for any information and sharing of experiences

Spiro

if the tree or branches are hanging over your side its your responsibility.but seriously, more first world problems.

 

[Sez]

I know down this way (Mornington Peninsula and Bayside VIC) that you can cut anything overhanging your fence to a certain height (I'm only 5 ft so I have no chance of breaking the height rule). Most people just dispose of the waste but Frankston City Council in particular advises that you can neatly bundle the offcuts and place them on the neighbours property. I did have to do this once when cutting back bushes that had grown 3m into our yard along an 8m stretch of fence...... I let the neighbours know we were cutting and they responded with approving grunts. We filled our green waste bin but still had some left, we tied neat bundles and popped them next door and knocked on the door just to let them know that unfortunately we weren't able to dispose of the last 3 small bundles. This was met with a string of incomprehensible abuse.

Council were called and confirmed we had done nothing wrong but I didn't make a new friend that day!

 

[Peterw]

For Queenslanders, here is a link to the QCAT site which will give some understanding on the law here.

http://www.qcat.qld.gov.au/matter-types/tree-disputes

 

[vaughan]

Uhmm no,

"You inform the owner of the tree before carrying out the pruning"

so I would think that means getting permission no?

No.

If the tree is not protected, then you just have to inform the neighbour you are trimming it. That is, tell them you are doing it, not ask for their permission. You have a right to trim the overhanging branches of a tree from your property if the tree is not protected. Just tell the owner of the tree you are doing it before you do it, and return the trimmings.

If the tree is protected then it's a different story: even the owner of the tree cannot trim it without council permission.

 

[chris_qld]

Hi everyone,

My neighbour has cut tree branches hanging over onto their side of the back fence and dumped them on my side. Is this ok? Or are they responsible for disposal of the branches?
.......
Spiro

I cannot see anything wrong with what your neighbour did. Your neighbour can cut tree branches hanging over onto their territory. However as you are still the owner of the branches which were cut, they should return the branches to you.

 

[The Fence]

No.

If the tree is not protected, then you just have to inform the neighbour you are trimming it. That is, tell them you are doing it, not ask for their permission. You have a right to trim the overhanging branches of a tree from your property if the tree is not protected. Just tell the owner of the tree you are doing it before you do it, and return the trimmings.

If the tree is protected then it's a different story: even the owner of the tree cannot trim it without council permission.

Sorry, not according to our Council.

Of course the owner needs permission (only trees over 3m in height or protected species).

I was told the neighbour cannot put the trimmings back over the fence.
What is on their side of fence belongs to them and they have to dispose of at their cost.
That's what I was told by Council.

Obviously Councils differ on this.

 

[BayView]

Common sense and common decency with these matters should rule...

1. Ask permission from the neighbor to cut the overhanging branches in a nice way, explaining they are a bit of a nuisance. Most times a neighbor will be accommodating, and in some cases even offer to take back the offending branches.
2. If they don't offer to take them back, ask if they would take them back.
3. To avoid any conflict in relation to point no.2 if they refuse - don't be a tight @rse, and simply keep the branches and dispose of them yourself.

 

[vaughan]

1. Ask permission from the neighbor to cut the overhanging branches...

This is the thing: as long as the tree is not protected, you do not have to ask permission you just need to give notice that you're doing it.

You own the space over your land. Your neighbour owns the tree. You can cut overhanging branches, but have to return them to the neighbour.

 

[BayView]

This is the thing: as long as the tree is not protected, you do not have to ask permission you just need to give notice that you're doing it.

It's all about public relations, getting on with neighbors and greasing the wheels...you never know when you might need a return favour....this has been my experience in these matters.

Yes; you don't need permission - it's just a nice thing to ask; "neighbor etiquette" if you will..

You own the space over your land. Your neighbour owns the tree. You can cut overhanging branches, but have to return them to the neighbour.

You don't have to.

See above mindset guide.

Of course; in the case of "neighbours from hell"; vastly different approach may be required.