Liability of dead tree hanging over next door

TMNT, I understand your sentiments exactly,

you dont want to spend unnecessarily

at the end of the day, Property Investment is a business (or a hobby to the mega rich)

You have to firstly consider the business side of things, and then what your sanf and moral factors

and finding that balance is sometimes quite hard,
 
I have had to have 2 trees removed from 2 properties as they were massive gum trees on 400m2 blocks. I am sure they were lovely 30 years ago when they went in but they just got way too big for the size of the block. Both were difficult access because of the tiny size of the blocks but neither cost more than $800.
 
The tree next door to us (Tenants in house) came down early hours of Friday morning it was a very old unhealthy massive gum tree. We had been asking for ages for it to be cut back as when we get heavy rains it hangs very low on our side plus causes a mess. Well we had non stop rain here on the coast and its lower branches were hanging 4ft from the ground. Sure enough 4am ish it was down split right across both sides of the fence. If the landlord had kept it in good shape it would still be there. Lucky for us we made sure our car was well away from it as we knew it would go.
He has a few more that need to come down pointed out to me by the tree guys who removed it yesterday morning. These others if they come down during bad weather will do major damage. He was going to take photo's and let the PM know but I am not holding my breath as we have asked for years for something to be done with no luck. Land lord doesn't want to know and neither does the PM.
 
I would get the opinion of an arborist - then you can assess the risk without opinions. Looks like you are getting too many of them anyway.

$2k sounds like a lot of money to remove a tree. If you have to pay for it - get a quote.
 
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so playing the "omg, think of the children" is not necessary

ha ha, welcome to debate in modern day Australia!

"if it saves just one life it will all be worth it"

note: doesn't apply to fish with big teeth in the ocean. Not all fish are born equal.
 
I don't know where the OP stands legally. Perhaps just playing devil's advocate here..

Even living trees drop branches, don't they? I'm pretty sure its quite common with gum trees. Would you then need to remove all trees that are close to the property boundary?

Neighbours have the option to cut off any branches overhanging onto their property. Couldn't they cut down the overhanging ones themselves?


IMO, I wouldn't be at all surprised if the cost to remove a large tree was 2K or more.
 
Even living trees drop branches, don't they? I'm pretty sure its quite common with gum trees. Would you then need to remove all trees that are close to the property boundary?
A tree that has a healthy branch that comes off due to a severe storm is probably not the liability of the tree owner. A tree that is a clear danger but which the owner does nothing to remedy is almost certainly the tree owner's liability if it causes damage to people or property. Everything in-between has to be argued.

But legally, tree owners are generally responsible that their trees:

a) must not be a nuisance to neighbours (such as dropping branches, unreasonably interfering with neighbour's use of their property - such as a willow with foliage coming down to within a few feet of the ground on the neighbour's side), and

b) don't cause damage to the person or property of others.
xanh said:
Neighbours have the option to cut off any branches overhanging onto their property. Couldn't they cut down the overhanging ones themselves?
They may have the legal right to remove branches if the tree owner refuses to abate the nuisance caused by the trees, but depending on local laws, they may then have the right to claim the cost of such works from the tree owner.

You do have legal obligations as a tree owner.
 
I don't know where the OP stands legally. Perhaps just playing devil's advocate here..

Even living trees drop branches, don't they? I'm pretty sure its quite common with gum trees. Would you then need to remove all trees that are close to the property boundary?

Neighbours have the option to cut off any branches overhanging onto their property. Couldn't they cut down the overhanging ones themselves?


IMO, I wouldn't be at all surprised if the cost to remove a large tree was 2K or more.

exactly, im happy to pay for tree removal, especially if its a genuine threat,

but Im not going to address the 'think of the children' protestors, and remove every tree within a 400m radius in case a twig might drop in tornadaos or if a child cant sleep at night because he or she decides to think the boogey man is hiding inside it
 
but Im not going to address the 'think of the children' protestors, and remove every tree within a 400m radius in case a twig might drop in tornadaos or if a child cant sleep at night because he or she decides to think the boogey man is hiding inside it

No one here has suggested you do that.

We are only talking of the allegedly dead tree in your initial post.
Marg
 
If the branches are hanging over their side and they know they are an ussue and they choose to do nothing about it I don't see how they can claim it's your fault. They have been neglectful in not remedying the situation which was in their control.

If the whole tree falls down- different story, as they have no control over that.
 
If the branches are hanging over their side and they know they are an ussue and they choose to do nothing about it I don't see how they can claim it's your fault. They have been neglectful in not remedying the situation which was in their control.
Um, no, it's not their tree, and in many jurisdictions they'd be breaking the law by removing the overhanging branches.
 
If the branches are hanging over their side and they know they are an ussue and they choose to do nothing about it I don't see how they can claim it's your fault. They have been neglectful in not remedying the situation which was in their control.

If the whole tree falls down- different story, as they have no control over that.

As we are all unaware of the real situation I will suggest that as it is a gum tree the branches could be 6 metres off the ground or even higher. If so, then no way is it the neighbours problem.

If it is dead as described by the OP then it has to go and as it is their tree it is their problem.
 
You will be liable

If you have a good landlord liability insurance policy with a decent insurer, any personal injury or property damage claim should be covered
 
Perp;1279762 A tree that is a clear danger But legally said:
are[/B] generally responsible that their trees:

a) must not be a nuisance to neighbours (such as dropping branches,
.


Who determines whether it is a clear danger? An annoyed neighbour might say its 'obvious'. The tree owner might say its fine. An arborist would know but would the tree owner be obligated to get one anytime a neighbour raises the question?

If it hasn't dropped any branches before, is there any reason to suspect a tree would start? Pardon my ignorance here, is a dead tree highly likely to drop branches? If so, then I would agree that the neighbour is justified in requesting it be cut down.
 
Who determines whether it is a clear danger? An annoyed neighbour might say its 'obvious'. The tree owner might say its fine. An arborist would know but would the tree owner be obligated to get one anytime a neighbour raises the question?

If it hasn't dropped any branches before, is there any reason to suspect a tree would start? Pardon my ignorance here, is a dead tree highly likely to drop branches? If so, then I would agree that the neighbour is justified in requesting it be cut down.
Reiterating: I am not a lawyer. :)

The standard used throughout the legal system is the mythical "reasonable person".

Dead trees are known to drop branches and fall down, so completely ignoring a request to prune and/or remove a dead tree that somebody has expressed concerns about is likely to be found to be unreasonable.

If neighbours complain that they have concerns that a tree of yours is going to injure them, then it's up to you how comfortable you are with risk as to what you do. If you do nothing - not even investigate - and the tree injures them, then you're highly likely to be found to be liable and find the judge very unsympathetic.

If you get an arborists' report and the arborist says there's a very low risk of injury, then you'd probably be found to have acted reasonably in not doing anything.

If you do nothing and no person or property is injured, then no problem - at least in negligence.

But putting aside the issue of negligence - where your property (tree) damages the property of others, or injures them - there's also a tort of private nuisance, which is where your property interferes with the amenity of others.

If the neighbours say that they're afraid of your tree, and their fear is deemed "reasonable" (i.e. others are likely to share that fear), then it might reasonably be found to be causing a private nuisance, and you may be obligated to remove it, whether it's dangerous or otherwise.

I recall an example where a crane engaged in construction work was overhanging a neighbouring house. The neighbour went to court because she said she was fearful that the crane might fall on her house, even though it complied with all safety regulations. She won, and got an injunction preventing the crane from protruding over her house, and I think she got compensation, too.

I can't see why the same principles wouldn't extend to an overhanging tree. (Noting that the interference, in private nuisance, has to be "substantial and significant", so a few leaves and twigs certainly wouldn't constitute a nuisance, a very heavy limb over a house very well might.)
 
I used to do the reasonable person test for a lot of things in life

however, like common sense, its not all that common
and so is reasonable person test
 
If the branches are hanging over their side and they know they are an ussue and they choose to do nothing about it I don't see how they can claim it's your fault. They have been neglectful in not remedying the situation which was in their control.

If the whole tree falls down- different story, as they have no control over that.

You can only remove branches up to a certain height that are overhanging which we regularly did. The branches of gum trees when wet hang lower than when dry. The tree that came down from next door early hours Friday are usually high but by late Friday were hanging very low due to the torrential rain nobody in their right minds cuts branches in the weather we were having. This particular tree as well as another at the back has been reported to the PM many times to at least have its branches cut back and nothing had been done. Even the LL had been out about a 18 months ago and yes won't go there lets just say I got nowhere.
At the end of the day the PM should be doing their job when it comes to this but not all do. They are our eyes and ears but we also should know if there is a tree on the property that may cause concern.
 
This particular tree as well as another at the back has been reported to the PM many times to at least have its branches cut back and nothing had been done. Even the LL had been out about a 18 months ago and yes won't go there lets just say I got nowhere.
Then lodge a tree dispute.
 
Update: took everyones advice, got a second quote $700 recommended by the agent, Tree removed without a problem

was he a qualifited tree removalist, probably not

did he do a good job, yes

everyone is happy ;)
 
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