Neighbour issue with boundary trees

[see_change]

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

Hi HandyAndy

Have you had a legal opinion re this ? ( as you know I'm not a lawyer ) . In you situation , the other side may have decided it wasn't worth the hassle .

My concern would be that if you are forewarned about a possible defect and fail to take action to fix it , will your insurance cover you ?

For example , as a Doctor , if I warn someone not to drive and they fail to head my advice , they are not covered by insurance . I have had this happen to a patient and as a result he lost every thing .

If drainage from your property impacts another property , I am aware that you are liable for the damage this causes .

Do we have any resident lawyers around now days ? I notice Nigel doesn't appear to be a member anymore .

Cliff

 

[JASA]

Pics of offending trees

Here are pics of the offending trees. You can see in image 6 how much higher up the neighbours house is. He can trim overhanging branches, I paid $350 to have this done last time. If my trees were not in the way, he would have fantastic views across to the ocean. I think that is his real agenda.

 

[HotRod]

Here are pics of the offending trees. You can see in image 6 how much higher up the neighbours house is. He can trim overhanging branches, I paid $350 to have this done last time. If my trees were not in the way, he would have fantastic views across to the ocean. I think that is his real agenda.

Plus he'd have views into your back yard invading your tenant's privacy.

Throw that back at him.

Those trees are not bad, nor huge. If it was a large gum tree or something similar, then maybe, but they are small with trunk sizes less than 100mm. If he does want them cut down, maybe speak to council to see if you put up 10m high screens to protect your privacy?

He can easily trim them back to the fence line.

 

[JASA]

Agree

He can easily trim them back to the fence line.[/QUOTE]

That's what I have told him to do. I have instructed my PM to take no further action.