Neighbours gum tree overhangs onto roof. What to do?

Hi all,


I have a bit of a problem. One of my IP's has a gum tree overhanging it from next door. My tenants have approached the the people next door but they don't wan't to know about it. They have even offered to climb the tree and prune it themselves to no avail. So far several smaller branches have fallen on to the house and the fence, we're worried what could happen if a bigger one falls.

My PM has also sent letters to them about this several times but the ignorant $%^* still do nothing about it.


Any ideas?
 
My PM has also sent letters to them about this several times but the ignorant $%^* still do nothing about it.

As far as I'm aware, it's not your neighbour's responsibility. Anything on your side of the fence is allowed to be pruned by you, whether the tree is on your land or not. If you have to access their land (i.e. to climb the tree) that's another story.

If the branches really pose a saftey threat, then get the council involved.
 
Anything on your side of the fence is allowed to be pruned by you, whether the tree is on your land or not.

Ian is right here.

Just cut the branches overhanging your side of the fence. You are even entitled to throw the trimmings back on your neighbour's side for them to dispose of (but most people who want good relations don't do that);)
 
I have a similar problem, dirty big gum tree in neighbours yard about half a meter from boundry fence, have to continuously clean gutters, roots lifting pavers and fence! have spoken to the owners who havnt been to the property in years their responce is " we love trees" so do i but big gums shouldnt be planted in suburbia! I have gone down all the avenues with council, it is a civil matter as far as they are concerned! The only thing they seem remotly interested in is that the roots may be interferring with the sewer pipes. I have to write a letter asking that they send an engineer to inspect.

I am assuming that my neigbour dosnt want the cost in getting it removed/and really loves trees!

As far as I am aware I can only return debree that lands in my yard, which is like 2 x wheelie bins evertime I go there and they will have to go halves in the part of the fence that is broken!

I am now having trouble even renting the house! the tree drops that much! As well as the neighbours yard is full of tree rubbish they cant even use their clothes line!
 
Just chop down whats on your side. I did on my IP just after settlement. Neighbour actually came out and asked what the hell i was doing, simply said im just cutting down what's hanging on my side, she wasn't impressed said she liked her privacy, well thats nice why don't we get a bigger fence and split the cost, didn't whinge after that.
 
have spoken to the owners who havnt been to the property in years their responce is " we love trees" so do i but big gums shouldnt be planted in suburbia!

That's a bit rich...depending on how big it is... I'm willing to bet the tree was there first. ;)
 
Send in the tree loppers and cut off the branches level with the fence line.
It is not your neighbour's responsibility, probably why he/she is ignoring demands.
Marg
 
Cut them off:

Reference: http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R88CHP2

Lawlink NSW.

Abatement 2.14 The common law allows a person to cut off overhanging branches and roots intruding onto his or her property. This is known as the right of abatement.35 The person does not need the court’s permission or to notify the owner of the tree although notice is probably prudent. The encroaching branches or roots do not have to cause actual damage before a person can exercise the right of abatement. However, the person may open themselves to legal action, namely trespass, if he or she goes onto the tree owner’s property to trim the branches or roots unless the branches or roots have actually caused a nuisance or are a danger to life and health.36 The common law also requires that the person removing overhanging branches must place them on the tree owner’s property.37

AND - you get to leave them on the neighbors lawn. :p

Regards JO
 
If its a mature tree, dont you have to get permission from the council, even just to cut off branches?

By the way, copper nails killing trees (I believe) is a fallacy.
 
Ian is right here.

Just cut the branches overhanging your side of the fence. You are even entitled to throw the trimmings back on your neighbour's side for them to dispose of (but most people who want good relations don't do that);)

I had a neighbor who had a massive tree which was becoming more than a nuisance (leaves used to fall into my courtyard, and each year I would have bags and bags to sweep up, but I accepted it and did it). This same tree I suspected, was also causing damage to the property. Neighbors didn't want to know about it, neither did council. Anyhow, I'm not one to cause conflict or do anything nasty to people, but I couldn't help myself and had to get SOME sort of legal revenge. So the bags of leaves I collected that year, I tipped over their fence the night I was moving out. I know it's only small and immature but it made me feel better. :D
 
If its a mature tree, dont you have to get permission from the council, even just to cut off branches?

By the way, copper nails killing trees (I believe) is a fallacy.

...and they can be real *******s when you find them with a chainsaw....

The Y-man
 
Does this vary from state to state? My father did this with branches overhanging his fence and stacked them in the yard of the adjoining property (catholic church) and the priest sent the police around to caution dad. Said he had to dispose of the branches and by dumping them in the church's yard he was trespassing or something like that?
 
Does this vary from state to state? My father did this with branches overhanging his fence and stacked them in the yard of the adjoining property (catholic church) and the priest sent the police around to caution dad. Said he had to dispose of the branches and by dumping them in the church's yard he was trespassing or something like that?
LMAO! Does he have a history of antagonism with these neighbours? :p

OK, this is common law and hence does not vary state to state. If your Dad actually went on to the neighbouring property to stack them up, then yes, he trespassed. When the Police asked your Dad to dispose of the branches, I suspect that they were acting as mediators trying to resolve a dispute (as they so often do) rather than law enforcers, as you're quite right that he wasn't legally obliged to dispose of them.

Common sense (which unfortunately is quite uncommon :rolleyes:) dictates that 99% of the time the neighbours are not going to want the cut-off branches and it's just "unneighbourly" not to dispose of them yourself.

If you're really determined to be unneighbourly and return the branches, then you're only entitled to either drop them back over the fenceline, or take them around the front and place them adjacent to the foothpath. In other words, you can't venture onto their property to return the branches.

Going to the extent of walking onto church property and stacking up overhanging branches in their yard... well, I can see why some poor nervous old priest would be ringing the police. :D
 
From an insurance point of view,

I can tell you that if the tree belongs to your neighbour and if it falls on your property damaging only your property you will have to make a claim under your insurance policy and as result you will have to pay the excess that is payable on your policy.(sounds unfair)
The insurance company will then attempt to re coupe their costs under the claim from your neighbour. The insurance company will have a chance to re coupe their costs only if they are able to prove negligence, which is difficult.

I would recommend you to maintain paper evidence of all grievance that you have raised with the neighbour or relevant authorities as this will give your insurance company a greater chance of proving negligence.Once the insurance company passes on all the costs then they will generally refund the excess.

I would recommed you to read your PDS or call your insurance as some polices may be structured diffrentley.

My two cents worth from an insurance point of view
 
The reason (as I understand it) for the legal requirement to put the branches back onto your neighbour's yard came about because of fruit trees. If the branches overhanging your property have fruit the fruit belongs to your neighbour not you even though it is overhanging your property. You can cut the branches off but you have to give the fruit (and the branches) back. :)

As a kid my neighbours had mango and mulberry trees. I think I might have broken the law on numerous occasions. :eek:
 
Hmm, :) actually, I think they were almond trees... but I have no idea if there were almonds on them or not. If my memory serves correctly, he actually got the advice from council to lop off the offending branches and then place them on the church yard. He was just doing as advised - no one told him to place them adjacent to the footpath, or he would have. Obviously an important omission! ;) It would have been no big deal for him to dispose of them, he just thought he should do what was advised , funnily enough trying NOT TO antagonize them! He had asked their groundsman on several occasions to trim them back, and was told for months that it would be done soon. Perhaps some people think the police have nothing better to do with their time!
 
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