Who is responsible for damages of falling tree which is leaning over my property line

[redsquash]

The base of a 25m tree on my neighbors land,according to him is starting to rot.

The neighbor would like to cut the part of the tree above 3m, that is overhanging on our property.
I am agreeable for it to be cut.

If there is any damage when the tree falls, fence roof , etc who is responsible for any damages which follow.

What if
I wait for the tree to fall down in a strong gust of wind, then my neighbor would be required to remove the tree I believe. Any damages would be the responsibility of the neighbor.
Is my thinking in line with Qld Law?

I can see this thread getting off track so try to answer if you have legal knowledge rather than just opinion please .

 

[womble66]

I wait for the tree to fall down in a strong gust of wind, then my neighbor would be required to remove the tree I believe. Any damages would be the responsibility of the neighbor.
Is my thinking in line with Qld Law?

Not legal advice but rather from personal experience, I think the term is "Act of God" and you may find that you will need to claim upon your own building insurance and your neighbour gets off scot free.

My mum was once an owner of a tree that launched into a neighbouring property during strong winds and damage was caused and this was the outcome as her insurance advised that she didn't have to pay but the neighbouring property was able to return the tree branches to my mum for disposal.

On the other hand if you advise them its an issue and they refuse and it does damage you property the you or your insurance maybe able to take civil action but costs may outweigh the outcome.

Some of the legal gurus will correct my (mums) experience if it was wrong but the house is long gone along with NRMA as the policy provider of choice.

 

[redsquash]

thanks womble

 

[Terry_w]

I am a lawyer, but when a branch of a tree fell on my car and smashed the windscreen I just paid for a new one. Car was on my premises and tree base was on council property.

 

[redsquash]

I am a lawyer, but when a branch of a tree fell on my car and smashed the windscreen I just paid for a new one. Car was on my premises and tree base was on council property.

I don think you should have paid for a new tree

 

[wylie]

The base of a 25m tree on my neighbors land,according to him is starting to rot.

The neighbor would like to cut the part of the tree above 3m, that is overhanging on our property.
I am agreeable for it to be cut.

If there is any damage when the tree falls, fence roof , etc who is responsible for any damages which follow.

What if
I wait for the tree to fall down in a strong gust of wind, then my neighbor would be required to remove the tree I believe. Any damages would be the responsibility of the neighbor.
Is my thinking in line with Qld Law?

I can see this thread getting off track so try to answer if you have legal knowledge rather than just opinion please .

Sorry if you want legal answers, because I'm not qualified.

However, your neighbour owns the tree and can do what he likes with it (unless it is protected, which is his concern too).

He could just get up tomorrow morning and cut his tree down with no reason to involve you at all. If in the process it falls on your car or your roof, then wouldn't you just claim it on your insurance and let them work it out?

 

[Perp]

Since 2011, the laws in Queensland has changed. Broadly, "tree keepers" are required to keep their trees from causing a nuisance to neighbours, at their expense.

This Queensland government page includes a link to the 2011 legislation.

 

[redsquash]

Sorry if you want legal answers, because I'm not qualified.

However, your neighbor owns the tree and can do what he likes with it (unless it is protected, which is his concern too).

He could just get up tomorrow morning and cut his tree down with no reason to involve you at all. If in the process it falls on your car or your roof, then wouldn't you just claim it on your insurance and let them work it out?

Sounds a bit absurd that he can fell a tree on my property without my consent!

My insurance has a $500 excess plus there is the inconvenience and time wasting of getting a quote ,
waiting for the job to be eventually done over a number of weeks, finding a competent tradesman,
filling in paper work and of course getting the runaround from insurance companies- thats the worst
part- as as well as not being able to use part of the house if deemed unsafe.
My preference would be for The offending branches to be cut professionally at my neighbors expense ,
since he now feels his tree is unstable due to rot.

 

[wylie]

Sounds a bit absurd that he can fell a tree on my property without my consent!

Who said he was going to fell it on your property. It is on his property and overhanging your property. A tree lopper will rope it and have it fall where they want it to fall, surely.

My insurance has a $500 excess plus there is the inconvenience and time wasting of getting a quote ,
waiting for the job to be eventually done over a number of weeks, finding a competent tradesman,
filling in paper work and of course getting the runaround from insurance companies- thats the worst
part- as as well as not being able to use part of the house if deemed unsafe.
My preference would be for The offending branches to be cut professionally at my neighbors expense ,
since he now feels his tree is unstable due to rot.

You seem to be looking at the worse case scenario, which likely will never happen. Is it overhanging your house, or just your yard?

Perhaps you simply tell him you are happy that he has it professionally lopped and don't wish the branches to drop into your yard.

Other than that, I don't see how you have any control of what he does with his tree in his yard. If he damages your things, you will have to do what is needed regarding your insurer.

 

[Perp]

Sounds a bit absurd that he can fell a tree on my property without my consent!

Well, if he could do it from his side of the fenceline, sure he can. But he probably needs to go onto your property, and obviously he can't do that without permission.

My preference would be for The offending branches to be cut professionally at my neighbors expense ,
since he now feels his tree is unstable due to rot.

That's consistent with the existing legislation.

 

[Morbius]

If the tree was being professionally lopped, wouldn't the loppers be covered by insurance as well?

 

[cu@thetop]

I am a lawyer, but when a branch of a tree fell on my car and smashed the windscreen I just paid for a new one. Car was on my premises and tree base was on council property.

Did you suffer any nervous shock and/or economic loss as a result of the Council's negligence in failing to keep their tree trimmed? No win No fee!

 

[willair]

If the tree was being professionally lopped, wouldn't the loppers be covered by insurance as well?

I rang up the insurance companies about this and was told by both that I was not covered if a subcontractor was cutting back some tree and it went into the roof sections,but that was only over the phone I'm still waiting for it to come in the post,then work it out..maybe different with other companies..imho..

 

[INVSTOR]

this Happened to me in WA. Insurance company said even though it was neighbours dead tree that came down in storm and damaged our roof, gutters, and dividing fence we were responsible for the damage in our yard. One of those gotta love property moments!

 

[property_girl]

The base of a 25m tree on my neighbors land,according to him is starting to rot.

The neighbor would like to cut the part of the tree above 3m, that is overhanging on our property.
I am agreeable for it to be cut.

If there is any damage when the tree falls, fence roof , etc who is responsible for any damages which follow.

What if
I wait for the tree to fall down in a strong gust of wind, then my neighbor would be required to remove the tree I believe. Any damages would be the responsibility of the neighbor.
Is my thinking in line with Qld Law?

I can see this thread getting off track so try to answer if you have legal knowledge rather than just opinion please .

I am not a lawyer. I had a large tree on my property, whose trunk leaned right over the fence and over the top of my neighbour's shed. I'm in the ACT. I was told that, if the tree were to topple and damage the neighbour's shed, it would be my responsibility.

I would not wait for a tree to fall in a strong gust of wind, because it may not fall where you want it to fall. It may fall on a car (as in Terry's case) or on a house. I wouldn't take the risk. Let your neighbour cut it. He is doing the right thing.

When it is cut down by the experts, it will land exactly where they want it to. They know what they're doing.

 

[property_girl]

Sounds a bit absurd that he can fell a tree on my property without my consent!

My preference would be for The offending branches to be cut professionally at my neighbors expense ,
since he now feels his tree is unstable due to rot.

But it's not on your property if he is paying for it. The roots would be in his.

If you want to cut the branches, tell the neighbour that is what you would like and that you are prepared to pay for it. You can't have your cake and eat it too.

 

[Macca]

The base of a 25m tree on my neighbors land,according to him is starting to rot.

The neighbor would like to cut the part of the tree above 3m, that is overhanging on our property.
I am agreeable for it to be cut.

If there is any damage when the tree falls, fence roof , etc who is responsible for any damages which follow.

The sooner the better in my book

If it is his tree then he can do what he wants with it subject to local laws, I don't see that you have any say in what happens at all.

If when being cut down any damage occurs to your property then contact your insurance company and tell them. Quite likely they would sue the neighbours insurance company who would then sue the loppers insurance company.

If you wanted further information perhaps you could contact your own insurance company and ask what details they would like you to check before the big event

 

[marg4000]

I am confused.

First post you say you are agreeable to the tree being cut down, then you talk about waiting for it to fall over.

.??

Do you want the tree gone or not?

If so, give permission and cooperate if access better from your side. Simply insist on a qualified tree lopper with his/her own insurance.

If not, deny permission for access. However you will have no comeback if it falls.

If the neighbour cuts back HIS tree from HIS side if the fence then no input is needed from you - assuming there is no protection order in place.
Marg

 

[Morbius]

I rang up the insurance companies about this and was told by both that I was not covered if a subcontractor was cutting back some tree and it went into the roof sections,but that was only over the phone I'm still waiting for it to come in the post,then work it out..maybe different with other companies..imho..

Oops. I wasn't clear. I meant: "Wouldn't the loppers have their own insurance?"

In the end it is their job to lop the tree in such a way that it doesn't cause damage. They would certainly be covered for their own negligence unless someone has signed a piece of paper indemnifying them (which I know many contractors will try to get you to do.)

 

[willair]

Oops. I wasn't clear. I meant: "Wouldn't the loppers have their own insurance?"

In the end it is their job to lop the tree in such a way that it doesn't cause damage. They would certainly be covered for their own negligence unless someone has signed a piece of paper indemnifying them (which I know many contractors will try to get you to do.)

I,m still waiting for the letter from the insurance companies so I can work it out myself,but how many people are going to ask the sub-contractor for his insurance policy number and then ring up and find out if they are covered before they step inside the property,from my experience it can go champagne to #### real quick,and the long range forecasts are for cyclones in Jan..imho..