What can we do about our neighbour's tree?

[Otis]

I'm hoping that someone can help!!!

We live in an inner city house in Melbourne with a small courtyard (about 7m x 4m) which is paved in sandstone. One of our neighbours planted a eucalyptus tree about 2 years ago in his equally small backyard. The tree is now about 4 metres high and our sandstone pavers are now lifting and cracking. I'm assuming that this is due to the roots from the tree.

Though this is our PPOR we are looking at moving and would like to keep it as an IP but am concerned about the legal liability of a tenant tripping over the pavers. Not to mention how it is turning our beautiful flat pavers into an undulating area!

Has anyone got any suggestions? Our neighbour just laughed when we originally voiced our concerns when he planted the tree. We do not have a particularly good relationship with our neighbour.

What are our options???

 

[Macca]

HI Otis,

Usually, it is a good idea to cover the ground with a poison before laying pavers, it stops the grass from re-shooting up between the pavers

If the pavers have become uneven, then for safety sake, they need to be re-laid.

I have heard that any copper based poison, even copper nails driven in, seriously affects eucalyptus grass .

 

[The Y-man]

You may need to take it to VCAT......
http://www.vcat.vic.gov.au/CA256DBB...?OpenDocument&1=50-Domestic+Building~&2=~&3=~

but you may need some proof that the undulation is caused by the tree specifically and not any other cause.

Cheers,

The Y-man

 

[sailor]

Firstly, I would put my request in writing to the neighbour to fix the problem. Then if there was no satisfactory response within a reasonable time frame, I would lift my pavers and poison whatever is underneath. Certainly you would be liable if a tenant tripped and hurt themselves. Tenants are entitled to have a "safe" home.

 

[Dazz]

I reckon this would take about 3 solid hours to fix.

Step by step guide ;

1. Pick up affected pavers.
2. Pick up trusty shovel and shovel axe (not at the same time).
3. Dig around root - gotta love that jarring when you miss the sand and hit the root.
4. Chop off root.
5. (Best bit coming up) - throw said root over fence.
6. Smooth over sand again.
7. Re-lay pavers.

Beats the hell out of all this nancy boy exercise routine in the gym. You get a good sweat up, and it's oh so more cathartic than writing legal whinging letters that are never acted upon.

 

[depreciator]

And then perhaps put in a root barrier - like people do with bamboo - to make it harder for the roots to come back. You won't stop them, but you can slow them down.
From the sounds of things, if the tree was to die, he'd just plant another one.
Scott

 

[MarkR]

Kill it now...then kill any similar tree he plants, inconsiderate so & so.....

 

[Otis]

Thanks for all of the suggestions. I'll let you know how it pans out............

I think we'll start with digging up the pavers and try the poison. Are there any legal implications if I do kill the tree?

 

[The Y-man]

Thanks for all of the suggestions. I'll let you know how it pans out............

I think we'll start with digging up the pavers and try the poison. Are there any legal implications if I do kill the tree?

I'm sure it was an accident....

Cheers,

The Y-man

 

[handyandy]

I'm hoping that someone can help!!!

We live in an inner city house in Melbourne with a small courtyard (about 7m x 4m) which is paved in sandstone. One of our neighbours planted a eucalyptus tree about 2 years ago in his equally small backyard. The tree is now about 4 metres high and our sandstone pavers are now lifting and cracking. I'm assuming that this is due to the roots from the tree.

Though this is our PPOR we are looking at moving and would like to keep it as an IP but am concerned about the legal liability of a tenant tripping over the pavers. Not to mention how it is turning our beautiful flat pavers into an undulating area!

Has anyone got any suggestions? Our neighbour just laughed when we originally voiced our concerns when he planted the tree. We do not have a particularly good relationship with our neighbour.

What are our options???

I am questioning whether it is roots that are causing your problem. A 2 year old tree does not usually have strong enough roots to start lifting paving.

As Das has suggested its time to lift some of the pavers and see what the problem actually is.

Cheers

 

[Pushka]

We have the opposite scenario. The house we bought five years ago has a huge Lillipilli in the front yard. Man those trees grow huge! Next to us is a new duplex built maybe seven years ago. It would appear that our tree roots are lifting up those pavers. I contacted the council about our tree - it is a 'significant tree being a native, on the street frontage, and Huge! - but they said the developer was at fault and not our property because the developer should have prevented the tree roots from impacting on his development.

But I have also heard that it is impossible to identify which roots cause the problem because eucalyptus roots for instance, can travel a very long way. So your problem could even be a tree in another neighbours house!

 

[Otis]

The pavers have been laid only on sand not concrete so they are prone to lifting. The only pavers that are lifting are directly in line with and less than 2 metres from the tree (it is planted very close to the fence line). The rest of the courtyard pavers are intact but I appreciate that more distant trees could be the culprit. However, behind the courtyard is a cobblestone laneway so nothing could lift that and trees are few and far between in this concrete part of inner Melbourne!!