Tenant requesting trees to be trimmed - a fair request or not?

[Seeka]

Do I need to have trees trimmed and under what circumstances?
If the tree isn't presenting any potential danger to the tenant, I don't feel this needs any action, but would like to hear other's opinions.

This is the second request from the tenants, but on this occasion it was also mentioned that the tree debris is falling into the neighbours pool and that said neighbour will be contacting me about trimming.
(Research shows me that the neighbour is new, and that a pool has been constructed since they purchased)

So, don't know if the request to trim is legitimately for the sake of the tenants or because tenants have become pals with the neighbours.

There are two mature trees.
The one which is near the pool neighbours fence is a lillypilly (possibly?) (Trying to determine tree types from original property photos)

There is another tree, a gum (?) but it is not near to the neighbour with the pool.

 

[wylie]

The neighbour may have asked the tenants as the first point if contact. Perhaps it would have been better to get your details and ask you directly instead.

If the neighbours want some trimming done and it isn't a big concern to you, then you could tell them you will allow them to pay for a trim by a professional. I would insist on getting the tree lopper's name so you can call him to ensure it doesn't accidentally get trimmed down to a stump.

If it doesn't matter to you that they are trimmed at their expense it keeps them on a good footing. You never know what you may want them to agree to one day and it is a good thing to have a neighbour who is on your side if ever there is a bad tenant situation. Why refuse if this is not a problem to you, and risk making an enemy when you could agree and make an ally?

When the house next door became a rental and a big tree dropped crap in our pool they refused our request that we trim it at our expense. It left a bad taste as we had been friends for many years.

 

[Macca]

I don't know the QLD rules but in NSW all you do is give permission for the neighbour to trim any branches overhanging the fence.

They can actually do this without permission but it is nice to ask, this is at their expense but they do have the right to put all the offcuts back on to your property.

Maybe offer to go halves, they get it cut and you pay to remove ?

 

[Scott No Mates]

The neighbours asked consent to trim our small oak tree which was touching their gutters (the building sits back about 3m from the boundary), the tree loppers were arranged for a suitable Saturday and removed several m3 of tree.

Branches have to be cut back to an appropriate point of the tree and not just leaving a stub branch.

 

[wylie]

Sounds like they want more than their overhanging branches trimmed though...

My parents once paid for huge fig trees to be severely trimmed, with the approval of the owners, two doors away and over the road. I meant a big city view was made much bigger.

Within five years they had grown as big again, and the neighbours allowed once more for them to pay to have them trimmed. It can be worthwhile saying yes (if they pay) in order to keep a good relationship, but only if you don't mind having the IP tree trimmed.

 

[property_girl]

Seeka, I am not sure about Queensland, but in the ACT, the neighbour is free to trim any branches of a tree that comes into his/her property to the fence line, and it is the neighbour's responsibility to pay for it. The neighbour can then place those trimmings or branches on the owner's property for removal by the owner. It is not the owner's responsibility to pay for any trimming of branches that branch over his neighbour's side. However, if the tree whose branches are overhanging a neighbour's property belongs to a housing commission home, the local government can be called to trim the overhanging branches.

You could ring your local council and find out the laws relating to this.

I would let the neighbour know that he is free to trim any branches to the fence line. If there are many, you can offer to pay to have the branches taken away.

Fig trees can be a huge menace.

 

[property_girl]

When the house next door became a rental and a big tree dropped crap in our pool they refused our request that we trim it at our expense. It left a bad taste as we had been friends for many years.

I am surprised that you needed permission to trim the branches to the fence line. My understanding is that once those branches cross the fence line into your property, they are yours to do with as you wish.

 

[Perp]

I'd suggest you refer to the law rather than seeking opinions.

Queensland law changed in 2011. They can issue you a notice if you don't do it nicely, obliging you to remove branches at your expense (if overhanging more than 50cm at a height of less than 2.5m and trees not subject to a vegetation protection order). Queensland tree laws

Even if your branches are more than 2.5m, they can seek an order from QCAT, and if it's dropping stuff into their pool I'd imagine they're likely to be successful getting an order from QCAT.

The fact that they've put in a pool is irrelevant; you can't argue it was unreasonable for them to get a swimming pool because your branches were intruding on their property before the pool was there!

 

[Seeka]

Thanks for the update regarding Qld law in relation to trees affecting neighbours. Thought I knew the law, but didn't know of these changes.
If a request comes from the neighbour, then I better understand my position.
I also appreciate the benefits of keeping on good terms with the neighbours.

My original post though was in relation to my obligations to the tenant. Having had no approach from my neighbour, at this time it is the tenant requesting a tree trim.