Falling leaves on footpath. Who's responsible?

Even though if I was asked to sweep the leaves? What happens if somebody slips on wet leaves and breaks a leg? Still council's problem or mine?
Generally, the Council would be the relevant party in proceedings because it's their land. But the plaintiff would have a hard time laying responsibility on Council anyway, due to some common law immunities for government authorities responsible for roads and footpaths (unless they'd specifically been made aware of the risk).

I'd say that the only reason Council send the letter is so that if somebody falls, they can stand up in Court and say "we sent a letter asking people to remove the wet leaves", and that would probably be enough to protect Council from liability.

I seriously doubt they care whether you do or not.

http://elringtons.com.au/2011/08/who-is-responsible-for-my-injuries/
 
And that's why I have insurance.

I drove passed this morning and there's a little patch of leaves that overhang onto the footpath by about 6 inches. It's ridiculous actually. I'm pretty sure it would have to be the tenant's responsibility though, as they are also responsible to mow the nature strip, so why wouldn't they be responsible for the footpath?

Why would the tenant be responsible to mow the nature strip? This would normally not form part of the residential premises.

http://www.narrabri.nsw.gov.au/file...ce Of Nature Strips In Urban Areas Policy.pdf
 
Last edited:
I'd send them a letter to remove their tree!

Failing that, chop it down yourself and plant a new one (is that allowed?) if you're supposed to maintain the nature strip, I cant see why it wouldn't be if it's a safety issue and they wont do it.

This is terrible advice. You are not allowed to simply chop down council trees on a whim.
 
Oh no! You need council approval to chop down trees, even on private property.
The exception being within 300m of your house in bushfire areas
Something like that

In some places I've lived, below a certain trunk diameter on private land is free reign.

Send the council back a letter saying "your tree is dropping wet leaves on your footpath, and I think this is a hazard you need to deal with". Problem solved, they've been made aware of a specific hazard :D
 
Why would the tenant be responsible to mow the nature strip? This would normally not form part of the residential premises.

http://www.narrabri.nsw.gov.au/file...ce Of Nature Strips In Urban Areas Policy.pdf

A lot of councils require the householder to be responsible for the verge and / or nature strip that sits along the boundary of the block. I know it's caused a lot of issue in the suburb where I live, with people disagreeing on what is and isn't their responsibility. The suburb was designed with lots of nature strip, some like and island with a access road between the houses and the nature strip. Council regularly sends put letters to everyone in our suburb to 'remind' them of their responsibilities, some do as the letters outline, some do to a point that they believe is 'fair' and others just ignore the letters altogether. (I alternate between the latter two depending on my mood - we are a corner block with a nature strip larger then our house block, all planted with these terrible native grasses that grow at exponential rates). Occasionally when things get too daggy looking the council will send out their own guys to fix it up (about twice a year). As yet, I haven't heard of anyone actually getting in trouble though, and there are some pretty bad yards and verges around.
 
Scott no mates thanks for the laugh that is the best solution I have ever heard :D. Seriously though depending on which Council it is they are responsible for their own trees, they plant them they are supposed to maintain them. In my area they come and prune and remove all branches up to 3 meters for obvious reasons, home occupier is responsible for mowing the nature strip. If there is an issue with any tree then the Council is contacted just found a nest of our creepy little friends known as termites in one, now its gone Council did not hesitate.
 
This is terrible advice. You are not allowed to simply chop down council trees on a whim.

Well, if the council sent me a letter telling me to pick up leaves from their tree as they're a danger hazard, I'd definitely write to them and ask them to remove the source of the problem, the tree.
 
What happens if you injure yourself cleaning up on council property?
They never educated you on health and safety, could they be held responsible?
 
What happens if you injure yourself cleaning up on council property?
They never educated you on health and safety, could they be held responsible?
:)

I highly doubt it. Actions in negligence against public authorities have some fairly high obstacles to overcome to succeed. In particular, you'd have to show that "no reasonable Council in the same position would have chosen not to provide such training". That's going to be nigh on impossible.
 
Well, if the council sent me a letter telling me to pick up leaves from their tree as they're a danger hazard, I'd definitely write to them and ask them to remove the source of the problem, the tree.

Yes writing to them is fine, simply going ahead and doing it isnt
 
Ha ha shorty...Anyhow sound advice from Perp and input from simtr.

Imo council can deal with it,there strip,there problem not the owners.
 
Shout the tenants a $40 blow vac from Bunnings.
And you reckon they'll use it?

Back to the tree; if it is on your property, you often need Council permission to cut them down, but you are allowed to "trim and prune" your own trees; if you know what I mean. ;)
 
Is that for sure - the property owner is responsible for the footpath ? Doesn't sound right to me. I always thought the council was responsible for the footpath, they owned the grass strip but property owners have to maintain the grass bits but not the footpath. Is this different in some states ?
Cheers
crest133
 
Back
Top