Vegetation/Trees on Neighbouring Property

[webuser]

We own a property that is permanently let. The property that backs onto ours has lots of trees and vegetation that overhang into the rear of our property. We have paid a contractor previously to cut them back from our property.Our agent has just completed a six monthly inspection and has requested that we prune the trees heavily again and, as the job is too big for a local handyman/yard maintenance person, that we will need a tree lopper in. We have already paid to have this done once before. Is this our responsibility or should the property owner of the neighbouring block be liable for this? Unfortunately he isn't at his house a great deal and we have no idea how to contact him. I'm going to give the council a ring but I doubt they will be able to assist. What is the normal procedure for something of this nature?

Edit/Update:

I contacted the Council this afternoon and they willingly gave me the neighbour's name/address. I will send a letter to the owner via registered mail. Thank you to those who responded to my posting.

 

[mattysavager]

Firstly - shouldn't your agent be completing quarterly inspections, and also be well versed in the procedure for handling this?

There is a new Neighbourhood Act that governs the process. You are to issue the 'tree keeper' with a notice to remove the overhanging branches within 30 days. This only applies if the branches encroach more than 50cm and the branches at fence line are less than 2.5m from the ground.

If the tree keeper does not comply, you are entitled to have the work done, and pass the invoice on to the tree keeper (up to a maximum of $300 per year). QCAT enforces this if the neighbour isn't willing to cooperate.

If you don't feel like doing that - you can just cut back the trees to fence line and put the waste over the fence into the neighbour's yard.

Brisbane City Council is pretty good - if you explain that you are wanting to give a notice to fence, they will generally provide the mailing address for the owner. Your agent should also have access to this information through RPData?

Let me know if you want any further help.

 

[beachside]

In the same situation at the moment. Here is a link:

http://www.justice.qld.gov.au/corpo...sputes-resolution-act-2011/trees#Tree-keepers and neighbours

My council has provided me with neighbours details - no prob for any fence or tree issue.

$275 to apply for QCAT hearing, but claim can be made on tree keeper to pay this. Mediation is required first, if not it will hold up hearing till this is done. Good luck!

 

[BrickR]

If you don't feel like doing that - you can just cut back the trees to fence line and put the waste over the fence into the neighbour's yard.

That is what I would do. It is going to notify your neighbor that he needs to keep watch of his trees/plants growing over his property.