Neighbours Tree

[AdrianW]

Hi Everyone,

Thought I would post here to see if anyone has been in a similar situation as I have read different responses and not sure which is applicable in Sydney...

Basically a property I am potentially interested in on a corner block, the neighbour has a massive tree at least 12-15m high and right on the boundary...

The first problem, maybe from half-way up the tree long branches cut across this property that I am looking at, maybe a good couple of metres in... Is it easy to request the neighbour to cut the branches that fall on this property's side or is it my responsibility...?

Secondly, down the track, if I decide to rebuild, would I be able to build as close to the boundary as possible due to this big tree (as in the dwelling being 900mm from the boundary), or will I have to build a certain distance away from it? The tree is right next to the frontage of the property I am looking at...

If anyone has any experience on this, your help will be greatly appreciated.

Thanks,

A

 

[Terry_w]

I know nothing of trees but you should read this peice of legislation before doing anything:

TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006
http://www.austlii.edu.au/au/legis/nsw/consol_act/tbna2006363/

and see
http://www.legalanswers.sl.nsw.gov.au/guides/neighbours/trees.html

 

[Scott No Mates]

What came first, the house or the tree?

Beware of cutting of branches which may unbalance the tree.

Building within the root zone of the tree will also cause issues (you have to submit a DA which will identify any major trees and the location of buildings/positions of window etc on the adjoining property. What do YOU think the tree preservation Officer's report at council will say when you have your DA considered?

 

[beachgurl]

A relative of mine was building a GF. The neighbour had a big tree in their yard. Council made relo locate GF over 2m off the boundary fence line so it wasn't close to the neighbors tree. This tree want right on the fence line either so you may have issues building to the legal side setback.

 

[AdrianW]

Thanks for input terry, Scott and beachgurl...

Yeah I have heard something similar to what Beachgurl has mentioned which is why it is concerning... I think I will give this property a skip, as the tree is a major problem...

Thanks,

A

 

[property_girl]

The first problem, maybe from half-way up the tree long branches cut across this property that I am looking at, maybe a good couple of metres in... Is it easy to request the neighbour to cut the branches that fall on this property's side or is it my responsibility...?

If the lean into your side is severe, you could argue that it has to come down for safety reasons.

I am in Canberra and don't know whether the same applies where you are. I had the same issue, except the tree's roots and first two metres of the trunk were on my property, and thereafter in the neighbour's property. The neighbour had every right to trim those branches or that part of the trunk which were in his property. However, he didn't. The tree leaned right over his garage. Because the tree's roots were on my land, had it landed on his garage I could have been liable for damage. I removed the whole tree so as to avoid that issue.

Secondly, down the track, if I decide to rebuild, would I be able to build as close to the boundary as possible due to this big tree (as in the dwelling being 900mm from the boundary), or will I have to build a certain distance away from it? The tree is right next to the frontage of the property I am looking at...

Really, it comes down to your council regulations. If it were deemed to be of heritage value, no one may be able to touch the tree anyway (unless if safety were an issue). My tree was deemed 'protected' but, because it was dangerous, I was able to pull it down.

If you really want the ppty I can think of a couple of options. One is to talk to the neighbours before putting in the bid. Ask them whether they are attached to the tree (not literally). They may tell you they would be glad to be rid of it. You could offer to pay to have it removed. It is then a win/win. Another option is to buy the ppty and do a severe trim right to the fence line. Scottnomates is right--this may unbalance the tree--but strictly speaking I don't think that is your problem. But if it then becomes a safety issue, it is your neighbour's issue to rectify.