Neighbour issue with boundary trees

[JASA]

I just received this email forwarded by my property manager

"i am owner of ******** trees on *********. overgrown and causing problems sick of cleaning out gutters and geeting rid of fronds also want to built patio on that side but scared trees may blow thru roof in storm hope you can understand my concerns my phone no. is ********** feel free to ring anytime.******

I am not sure why the PM has forwarded this straight to me and has not asked him what exactly he wants us to do.
He has complained forever about our trees messing his yard. Hello..... IT'S THE TROPICS....... We regularly pay for pruning of the area. I will not be cutting down our trees and making our block ugly to please someone whom I suspect may be a little Obsessive. The thing is that his home is considerably higher up than ours so I am bewildered as to how our garden debris is working its way into his gutters.

Has anyone else had this issue?
What rights do I have?
Any thoughts would be appreciated.

 

[HotRod]

As long as you trees are cut to the fence line you have done what you need to do.

He has every right to cut your overhanging branches to the fence line too.

That's it.

If there's a storm, he should sue God.

 

[JASA]

Thanks HotRod, Guess I'll have to get the gardener back again. This is the only problem with interstate investments. I wish I could just go down and take a look at what he is complaining about. PM took photos but they don't show much.

 

[jim1964]

I wish I could just go down and take a look at what he is complaining about. PM took photos but they don't show much.

He gave you the option to call him? why not use it.You will get a better result dealing direct with him than your PM.

 

[JASA]

He gave you the option to call him? why not use it.You will get a better result dealing direct with him than your PM.

To be honest because he is a pain in the *%#&. I will but not today

 

[Spades]

Jasa,try and put yourself in the neighbors shoes?

He gave you the option to call him? why not use it.You will get a better result dealing direct with him than your PM.

+1 ,

 

[JASA]

Ok just called him. Pretty sure he was drunk, claimed rats are climbing up my trees and jumping on to his roof. Says if storm comes and blows my trees over through his roof that I am legally responsible for the damage and says he has had legal advice to this effect. Wow ... still it made me laugh.

 

[see_change]

Ok just called him. Pretty sure he was drunk, claimed rats are climbing up my trees and jumping on to his roof. Says if storm comes and blows my trees over through his roof that I am legally responsible for the damage and says he has had legal advice ....

I'm not a lawyer , but he may be right .....

Cliffn

 

[fisherman]

JASA

I don't know where your property is in the Tropics, however the usual conditions are that the neighbour can trim overhanging branches without threatening the tree or creating a threat. You are not obliged to cut foliage or branches overhanging the boundary. Plants drop leaves, but you are not responsible to chase and recover them.

Be wary of tree protection orders that could exist.

You might find that rats and possums are using your trees as a bridge to his house. One Macadamia tree can keep a large colony of rats in business, for example. Brush tail possums are more common now than pre-development, courtesy of humans planting and tending food trees and shrubs for them. They will damage roofing to get inside and once inside there is a lot of urine and risk of fire from chewed wiring.

While I very much doubt you be held responsible, as a good neighbour I would give him permission to trim the tree branches to relieve him of the problem.

On the other hand, as a personal rule I remove trees on my property where they are ill-suited to a suburban block by virtue of tree size, growth habit or placement. For example, gum trees will destroy house foundations in dry periods because they remove all water in the soil causing shrinkage, and they do drop limbs.

 

[JASA]

Thanks for your response, I have already told him that he can trim branches on his side of fence whenever he likes. We are talking palm trees not gums, I really believe this bloke is a little unstable. He wants to build a patio at the front of his house and I think his motivation is that my trees block his potential views from the front.

 

[JASA]

The house is at Redlynch Rise in Cairns

 

[jim1964]

I'm not a lawyer , but he may be right .....
Cliffn

He probably is,this is why you have insurance,for the unexpected.

 

[fisherman]

I'm not a lawyer , but he may be right .....

Cliffn

see change,

I cross-posted with you.

While I don't doubt given the over-supply of lawyers that it could be possible to sue even for leaf debris in very limited situations, I would be calling the neighbour's bluff if he said the trees were dangerous to ask him what evidence he had of that. The Council is limited in what it can make homeowners do as a result of green pressure on public bodies.

However I am assuming that no-one would want to keep trees that genuinely are a nuisance. For example, an old Poinciana with a large limb over a structure. Poincianas being known for rot and dangerous limbs.

 

[see_change]

I was saying this in relation to the tree falling on his house

Cliff

 

[JASA]

I never saw a palm tree cause mass destruction

 

[jenni_nextplace]

Sounds a little over the top for palm trees.

If you have his email address ask him to send you his own photos of what he is talking about. Palm trees don't generally make that much mess except for those that seed.

Post some photos if you have some. May help us answer your question.

 

[JASA]

Good idea Jenni, I have emailed him and asked for photos

 

[handyandy]

IF a tree falls on neighbors property then they will need to claim on their own insurance 'act of god'.

We just had an incidence at one of the blocks where we own strata unit. Our strata had to claim on our own insurance and our insurance stopped cutting tree at the fence line.

Some tine ago we had a call on a Sunday from the office of our managing RE when a neighbour traced us via the RE and somehow conned the RE to call us about the branches that fell out of our tree and pierced their pool liner. We were to come down immediately and fix their pool and trim our trees. Yeah sure. Waited until Monday to phone our contact at the RE (the management section) and told him to tell them to F off and if they wanted the trees cut down then they were welcome to apply to council and pay for the removal. Never heard anymore about it.

Cheers

 

[JASA]

Thanks Andy, I said it would be considered an act of god if a palm tree fell on his roof

 

[chilliblue]

There was a case in NSW where the Council refused to allow a couple to cut down a tree in their backyard despite it being considered a danger and dropping substantial limbs.

One large storm later and the tree is the back of their neighbours home. The neighbours are not insured and are in the process of suing council.