Fig tree on boundary dispute-URGENT

[slingshot]

Hi SS'sters,

I haven't posted for quite a while but would really appreciate some help with this one.

I have just this afternoon recieved a phone call from some really close friends of mine and they are extremely distressed. Actually in tears.

They are both 60+ and not exactly flush with funds, quite the opposite at this point in time.

Today my friends have recieved a notice from Gold Coast City Council advising that they need to remove a very large fig tree which sits on thier boundary and they have only 10 days in which to do it. We are assuming that the matter was most likely raised with the GC City Council by my friends nieghbour. To date the nieghbour has said nothing about the tree directly to my friends. They had not realized it was an issue.

From my experience the tree would be in the vicinity of 2500-3000 to have removed

So in short, there is no way in the world my friends can afford to have this done. Without disclosing unecessary detail, it is not an option.

1. What do/can we do about this situation?
2. How best to initially approach this issue.

I thank you in anticipation and I/we look forward to your replies.

Slingshot

 

[Macca]

Hi,

I guess the best place to start is to make an appointment to see the council.

Ask them for details under freedom of info and also get the appropriate council rule to have a read of.

Subject to the rules, explain to the council that if they must get it done then they will, as soon as they can afford it.

If the tree is 100% on their property then it may be their responsibility, if it partially on their neighbours then they also share the cost.

I do think it best to "do something" , usually if you see the council they will allow a bit more time. They always come on heavy but often will work in with the homeowner if told the situation.

 

[mary&mat]

Damn! I love figs. They're pricey now too.

Yes, definately call the Council. Be ultra nice. Explain your financial situation if necessary & request an extension to carry out the works. If you're nicer than the complainant, I pretty much guarantee they'll do their best to assist you...I would & I work for council.

Perhaps could the neighbour be induced into taking back their complaint with some delicious figs?

 

[slingshot]

Hey Macca,

Thanks for your reply.

An appointment or at least initial phone call tomorrow is definitely the first port of call tomorrow.

Interesting point re apportion of tree on the relevant properties. I know the tree (NOT PERSONALLY) and have a feeling it may be 100% on my friends property. This may bring up other issues ie, is the fenceline true to the initial survey etc etc.

My feeling, and after doing this with insurance agencies in the past, is keep the dialogue up and keep the letters flowing. Drive them into submission through tiresome correspondance. This case may be a little different though I feel.

What happens if one literally just cant afford to have the work done? There are no safety issues per say so litigation is not really an issue.

Would sincerely welcome some more input.

Thanks
Sling

 

[slingshot]

Thanks Mary and Matt.

Ha, you dont happen to work for GCCC? Could happly supply the entire council with figs for a year

I agree, being nice goes a long way.

Ta

 

[Deena]

Yes contact the council, if they lack funds for the tree removal, would the shire negotiate some form of payment plan for them?

Put it in writing, asking for a written respons with a specified time, ie 7 days.

After they hear thier response.

You could always contact a talk back radio station, tell the story and who knows what outcome may occur.

 

[csc2]

1. keep a written log of everything that happens from herein

2. get everything from council in writing including FOI info requests

3. every person they talk to in council ask their full name and date the time and day this happened.

4. ask many questions but ask to receive all feedback in writing.

5. you are entitled to respond to council in writing and receive feedback in writing with legal matters such as this.

6. you can stretch these things out for months if need be.

7. be persistant, dont let them fob you off.

8. ask for reasons why the tree needs to be felled

9. get a price from the council in writing to fell the tree and two other quotes

10. all of the above.

 

[slingshot]

CSC2 Awesome, will do

&

Deena.....love your work, u r evil. Thats the sota thing I would do but I didn't think of it. Dammit

Greatly appreciated to all and if anyone has anything else to add that would be great.

Ta
Sling

 

[mary&mat]

What exactly is wrong with the fig tree...are the roots damaging the neighbours building?

(Nah, sorry don't work for GCCC....but I like csc2's methodology...drag it out....ask for an arbourist's report if relevent....see if they can get a 'significant tree' tag put on their fig tree...how old is it?)

Deena's is a goodie too...talkback's a ****** if you're on the receiving end.

 

[NataleaK]

http://au.todaytonight.yahoo.com/contactus

 

[slingshot]

Mary n Mat - I'll be up on the GC week and will most likely be staying with them (if they'll have me again) so Ill know a lot more then.

Tree tag etc interesting idea.

I have directed them towards SS to watch this post so I am sure they will rest a little easier tonight once they have arrived home and read through this thread.

Thanks so much, very much appreciated.

NataleaK thanks for the TT link. Made me chuckle cos I work in that industry and have a mate at TT who's one of the doorstop kings....dubious title I know.
I have played the TT card a couple o times and its worked a treat.
We wont play "the double barrel TT whammo" too early cos its a cracking card. Save it just in case things turned ugly. I dont think it will.

Thanks again
Slingsta

 

[Ajax]

I was thinking the same...what damage is the tree doing to warrant its removal. Are its roots cracking the building, concrete or in sewer lines. You would need to find a copy of reasons given for council's request.

I have a neighbour next to one IP I have (70 year old landlord) with a rubber tree growing mostly on his property (the rest with property behind his). This is in the rear of a row of terraces. The rubber tree's roots have cracked and lifted up my concrete in rear of my property before. They also love the sewer lines. It was eventually partially cut out (about 12 years ago). But its back and its huge.

There are certain trees that landlords need to be on top of...cutting them back before they get too big and do damage. I suspect a fig is one of these if its close to a building.

The idea of 60+ landlords in tears means they probably do next to no maintenance on their IP and just wait for the rent to come in. That's ok...but it means not fixing problems early and then being surprised how expensive things get.

 

[FormerLurker]

Have them nominate it as an historical/heritage tree to council - that should bog it down in red tape for years and possibly result in it never having to be removed.

 

[slingshot]

Ajax & Lurker thanks again for your replies.

Ajax it is actually my frriends ppor not an investment but you're spot on regardless.

I have directed my friends to this post so they have more than enough info to get the ball rolling from thier side. Ill update this post as things proceed and let you know how it goes.

Thanks again for everyones replys and suggestions.

I am soon to post another tree saga. This time its my tree saga. I suspect 15 rounds, gloves off and no holds barred with Tween Shire Council.

3 humumgous trees on council nature strip out front of an IP of mine are ruining the place and making things downright dangerous on the fairly steep driveway.
I spoke with the relevant council only a few days ago and awaiting thier report. The council guy I spoke with was great, we'll see how it goes but I will post maybe next week when I know a bit more. Maybe of interest to others. Hopefully not 15 rounds! I'd like to see a knockout in R2.

Thanks again
Slingshot

 

[Perp]

3 humumgous trees on council nature strip out front of an IP of mine are ruining the place and making things downright dangerous on the fairly steep driveway.
I spoke with the relevant council only a few days ago and awaiting thier report. The council guy I spoke with was great, we'll see how it goes but I will post maybe next week when I know a bit more.

I'll be interested to hear how you go. I know in Brisbane the Council owns the nature strip, but has managed to legally transfer the obligation for its maintenance to the adjacent property owner. (Nice deal! ) If you ask Brisbane City Council whether you can plant a tree on the nature strip, the answer's a blanket "no", because giving you permission would impose an obligation to maintain the trees, which Council don't want to do.

So if you're successful, I'll be interested to hear on what basis. ie different policy in your area, or whether they'll fix it to "keep the peace", or whether they gave permission for those trees to be planted many years ago under previous laws, etc.

With regards to your friends' tree, whilst I feel sorry that this is a financial imposition, I'm afraid that my sympathies lie more with the neighbours who are inconvenienced by the tree. A year ago, I got rid of a 60s-aged neighbour who filled her garden with invasive weed trees (mostly f***in' rain trees) over the past 30 years, which dropped volumes of cr*p all over our yard and severely limited our garden's growth, because it sucked all water and nutrition out. And when a couple of trees started knocking the fence over and lifting pavers etc, she "couldn't afford" to trim them (or replace the fence, of course ). Sorry - but if you have trees, you have to maintain them!

Thankfully a young couple bought the house and removed about 8 massive trees - must have cost $10K+ I reckon. But all of a sudden their house is filled with light, and our garden has gone absolutely nuts. I would never have believed just how much of a difference it has made! Plants which I was surprised to see always "struggle", are now thriving.

 

[Rockstar]

(mostly f***in' rain trees)

You do mean flamin rain trees I hope, Perp. We have one of those in our yard. Now we have a little forest of babies all through our garden thanks to the fantastic growing season. I would say it was a 100% strike rate from the fallen seeds.

You're right, trees on your land are your responsibility. It amazes me why people plant such large trees around their homes. Probably ignorance more than anything - they look so small and sweet when you first plant them.

 

[wylie]

they look so small and sweet when you first plant them.

..... a bit like children really

 

[lizzie]

i'm still wondering why the tree has to go.

our last ppor has 5 massive gum trees all down the back of a 650m block. the neighbours were beside themselves with glee when we had them removed.

 

[jaycee]

well no one knows why the tree has to go, I dont think we've been told yet....

Perp, how did you get ird of a neighbour ??

"A year ago, I got rid of a 60s-aged neighbour who filled her garden with invasive weed trees/B]

 

[Perp]

Perp, how did you get ird of a neighbour ??

Do you want his number?