Liability of dead tree hanging over next door

[TMNT]

I have a property with a large tree on it, its been dead for yonks,

neighbours have decided to pressure/hassle/scare/convince/collude the new tenants (it hasnt been a problem before) that if the branches fell and hurt their kids the landlord is responsible,

as its a large tree its very expensive to remove plus the location isnt great,

what are the general legal implications of the whole situation?

 

[Propertunity]

....what are the general legal implications of the whole situation?

I would have thought, that you as the tree owner would be liable in the event of any mishaps with this tree - especially as next door has put you 'on notice' so to speak.

Why would you want to endanger the life of the next door human beings anyway? Put yourself in their shoes for a moment - and see how you'd feel. It's only money - you can get more.

Replacing human life - well you can make more of them too - but I betcha next door would prefer the ones they already made.

 

[Perp]

neighbours have decided to pressure/hassle/scare/convince/collude the new tenants (it hasnt been a problem before) that if the branches fell and hurt their kids the landlord is responsible

Quite possibly true. What jurisdiction?

 

[turk]

You know you have a long dead tree on your property with the attendant danger to tenants and neighbours property and life, what do you think the legal risk may be?

Oh, and what do you consider the moral risk to be?

 

[TMNT]

I would have thought, that you as the tree owner would be liable in the event of any mishaps with this tree - especially as next door has put you 'on notice' so to speak.

Why would you want to endanger the life of the next door human beings anyway? Put yourself in their shoes for a moment - and see how you'd feel. It's only money - you can get more.

Replacing human life - well you can make more of them too - but I betcha next door would prefer the ones they already made.

Emotions aside, I am not payiong $2k for something that is morally or legally not my responsbility.

They might be just trying it on, for the sake of it, and the next request will be for me to chop the roof as its blocking their view of the sun rise in the morning..


If they had come to me and said, can you pay to have the big branches cut off or trimmed, then I would be far more accomodating

Edit: property is in NSW

 

[turk]

Emotions aside, I am not payiong $2k for something that is morally or legally not my responsbility.

They might be just trying it on, for the sake of it, and the next request will be for me to chop the roof as its blocking their view of the sun rise in the morning..


If they had come to me and said, can you pay to have the big branches cut off or trimmed, then I would be far more accomodating

Edit: property is in NSW

Are you for real

You consider you have no moral obligation.

 

[TMNT]

Are you for real

You consider you have no moral obligation.

yes,

firstly, Idont know if its dead,. nor does the agent

secondly. according to the agent, its a couple of small branches

see how its not always black and white? especially when its $2k

so playing the "omg, think of the children" is not necessary

 

[Perp]

Disclaimer: I am not a lawyer.

If the neighbours apply for a tree order, and the tree is dead, I would think they're likely to get one. You can either waste court resources by forcing them to get one, or just trim / remove the tree. http://www.legalanswers.sl.nsw.gov.au/guides/neighbours/trees.html

If you don't remove it, even in the absence of a tree order, you'd still be liable under common law for any damage caused by the tree.

 

[Perp]

Idont know if its dead

You started out saying "it's been dead for yonks", so we're going from your information.

 

[TMNT]

You started out saying "it's been dead for yonks", so we're going from your information.

fair enough, its what Ive been told by next door,

what I was trying to say was that it wasnt green and blossoming and then went brown,
my mistake

 

[turk]

yes,

firstly, Idont know if its dead,. nor does the agent

secondly. according to the agent, its a couple of small branches

see how its not always black and white? especially when its $2k

so playing the "omg, think of the children" is not necessary

It was certainly black and white in your first post

Liability of dead tree hanging over next door



I have a property with a large tree on it, its been dead for yonks

How did you arrive at the cost of $2000 to remove a couple of small branches?

Perhaps your $2000 cost has resurrected the tree.

 

[TMNT]

It was certainly black and white in your first post

Liability of dead tree hanging over next door



I have a property with a large tree on it, its been dead for yonks

Perhaps your $2000 cost has resurrected the tree.

ok fair enough, like i said, im only going by what the neighbours say,and the agent is unsure, im not sure,

I guess its a worst case scenario, lets say it is dead

 

[Terry_w]

Ring your insurer and ask if the question.

I would spend $2k myself rather than risk being sued.

 

[marg4000]

Get a quote. It may be cheaper than you think. Your priority should be to make it safe if you don't want to remove it entirely.

And the cost should be deductible, reducing it further. Well below the value of any human life.
Marg

 

[Macca]

I would suggest you inspect the tree yourself, if that is not possible then get the PM, neighbour or tenant to send you some photos.Then when you are talking to your insurance company you know what you are talking about.

I suspect that they will say "it is not covered" then you contact the council and ask them is it OK to cut it down, they will say send in an application and we will inspect or get an arborist.

IMO it is your tree, it is your problem, get permission if required then find a cheap chopper.

It could be worth checking under the 10/50 rule as I don't think you need to pay for a council inspection if you qualify.

 

[chilliblue]

Firstly have the PM contact the neighbour and copy in the tenant that any items such as overhanging branches should be addressed to their office not to your tenant.

Then speak to the PM and attain their assessment of the situation. If the tree branches are dead, then arrange for their removal.

If the tree branches are dying, arrange council/tree lopper to inspect and make a recommendation.

Understand where your coming from and would be interested on whether an insurance would require notification of the tree and if their premiums would change.

 

[neK]

I would get the tree cut down.
Seriously $2k is nothing against human life.

Have them go to council and get it approved to be cut down to the stump.
(At least you will save yourself some money there).

And YES you have a moral obligation. Its on your property.

 

[TMNT]

good answeres everybody,

merci

im going to see if I can get it done cheaper,

 

[Tonibell]

Most councils make you apply to remove a tree - even if you believe it is dead/unsafe - unless it fits one of there exemptions.

On a couple of occasions we have put in the application and generally select multiple trees to be removed - the cost of the application is around $100.

The council then inspects the site and tells you which trees can be removed - so it is a good way of determining whether a tree is dead or not.

Removing nuisance trees is a good investment and I do it at every opportunity.

 

[chrispy]

I had a very large tree that appeared to be dying. It still had green branches on the end. It was a beautiful tree and I really did not want to lose the shade from it, so put off getting an assessment.

November 2014 it became very windy, I heard a commotion and the tree had been blown out of the ground and on to my house.

I rang a tree removal company and they arrived within an hour. Luckily the older branches had died some time ago so were dried out and lighter than normal. I was most fortunate the damage to my house was minimal.

If the tree is dead, get it out now!

There was a large Mahogany Gum in my front garden that was dying, so I had it removed straight after. I can now stop worrying every time the wind gets ferocious!

Chris