Thread: Neighbours & trees.....

good on you for discussing it and sorting it out like adults. seen way too many instances of this sort of thing ending up as horrid disputes.

In the good old days it was the responsibility of the tree owners to keep overhanging branches off neighbouring property.

However if this didn't happen the neighbour was legally able to cut the overhanging branches but the cut branches still belonged to the tree owner so had to be returned to the tree owner.

I am not sure if these rules still apply but it seems that your neighbour followed these rules.

In my suburban property my trees overhang the fence and once a year I trim my own and take the cuttings away. Also my neighbours trees also overhang my property, so when I do mine I also do theirs and take theirs away but I always ask if it is OK first.

No problems with my neighbours but I can understand there being issues if they were a bit belligerent.

Originally Posted by garrycol

In the good old days it was the responsibility of the tree owners to keep overhanging branches off neighbouring property.

However if this didn't happen the neighbour was legally able to cut the overhanging branches but the cut branches still belonged to the tree owner so had to be returned to the tree owner.

I am not sure if these rules still apply but it seems that your neighbour followed these rules.

In my suburban property my trees overhang the fence and once a year I trim my own and take the cuttings away. Also my neighbours trees also overhang my property, so when I do mine I also do theirs and take theirs away but I always ask if it is OK first.

No problems with my neighbours but I can understand there being issues if they were a bit belligerent.

The trees have only dropped a few branches in the 17 years we've lived here but as the new neighbour was spending $10K on a fence he was paranoid that a branch would fall on it. I've always popped over the fence & dealt with anything that fell.

An arborist told me some years back that when you remove a lower branch those above it tend to snap off in the next high wind because the one below used to support it when it bent down in the wind. It'll be interesting to see if we lose more on the neighbours side.

It's a boundary fence so he could have tried to get me to pay half although the fence has to be that same as the one already there so it would have needed discussion.
With the branches he had every right to place over my side of the fence but did he have to pretty much shave the trees above the fence line to such a height (he used a scissor lift and a pole saw). Plus he is in his 20's and I'm in my 60's and he left me to deal with an enormous pile of branches.
Along our driveway my neighbours hedge needs cutting every 3-4 years, I always take the cuttings to the tip (about $150 last time) or cut it up & burn it off, maybe I should dump it over the hedge next time (only joking !).

He offered to get a skip because he has 'mates in the trade' then when he came down with his wife he told me that was going to cost $800. A tree company will come in and chip it for $200 per hour so if it's neatly cut & stacked it shouldn't cost too much.
They were grateful it didn't end up in an argument, when they offered to help (we'll see if that eventuates) and pay half what could I do ?

I hope to be able to borrow a trailer, my back is on the mend so hopefully OK by next weekend. I'll have to make a couple of phonecalls to see if a mate can visit with his chainsaw to help.....happy days.



Colin

Just added before & after pictures.

On another note,but the same topic,in QLd,if you ever end up in a tree dispute and are thinking about going to QCAT,don't bother.

They take years to sort anything,and then cannot enforce anything.

So in the end its a complete waste of time.

Originally Posted by gromit

The trees have only dropped a few branches in the 17 years we've lived here but as the new neighbour was spending $10K on a fence he was paranoid that a branch would fall on it. I've always popped over the fence & dealt with anything that fell.

An arborist told me some years back that when you remove a lower branch those above it tend to snap off in the next high wind because the one below used to support it when it bent down in the wind. It'll be interesting to see if we lose more on the neighbours side.

It's a boundary fence so he could have tried to get me to pay half although the fence has to be that same as the one already there so it would have needed discussion.
With the branches he had every right to place over my side of the fence but did he have to pretty much shave the trees above the fence line to such a height (he used a scissor lift and a pole saw). Plus he is in his 20's and I'm in my 60's and he left me to deal with an enormous pile of branches.
Along our driveway my neighbours hedge needs cutting every 3-4 years, I always take the cuttings to the tip (about $150 last time) or cut it up & burn it off, maybe I should dump it over the hedge next time (only joking !).

He offered to get a skip because he has 'mates in the trade' then when he came down with his wife he told me that was going to cost $800. A tree company will come in and chip it for $200 per hour so if it's neatly cut & stacked it shouldn't cost too much.
They were grateful it didn't end up in an argument, when they offered to help (we'll see if that eventuates) and pay half what could I do ?

I hope to be able to borrow a trailer, my back is on the mend so hopefully OK by next weekend. I'll have to make a couple of phonecalls to see if a mate can visit with his chainsaw to help.....happy days.



Colin

Just added before & after pictures.

Does that new fence go down to ground level and interfere with the natural flow of waters? If so, they should not have done that and can be required to lift the bottom so water can flow on the natural levels. Been through this with the rear neighbour who built a 6' solid paling fence down to ground level and the rain waters backed up on my place. Spoke to council office and an inspector came out. Told me that water flows down hill and the natural flow was part and parcel of suburban living. Also told me that my stormwater could not be directed to another property but had to be dissipated on my property x metres distance from the fence line. It complied. He told the neighbour that their fence was non-compliant and they had to accept water that flowed downhill onto their land. I got my air saw out and cut 80mm off the bottom of the fence. Neighbour got belligerent so I told him to throw the first punch and I would defend myself, beat **** out of him, put him in hospital and claim self defence. We did not speak again and eventually they sold about 4 years later.

Originally Posted by Bigbjorn

Does that new fence go down to ground level and interfere with the natural flow of waters? If so, they should not have done that and can be required to lift the bottom so water can flow on the natural levels. Been through this with the rear neighbour who built a 6' solid paling fence down to ground level and the rain waters backed up on my place. Spoke to council office and an inspector came out. Told me that water flows down hill and the natural flow was part and parcel of suburban living. Also told me that my stormwater could not be directed to another property but had to be dissipated on my property x metres distance from the fence line. It complied. He told the neighbour that their fence was non-compliant and they had to accept water that flowed downhill onto their land. I got my air saw out and cut 80mm off the bottom of the fence. Neighbour got belligerent so I told him to throw the first punch and I would defend myself, beat **** out of him, put him in hospital and claim self defence. We did not speak again and eventually they sold about 4 years later.

Water has flowed down from their property in the past so I will be piling dirt against the bottom of the fence so it stays their side !

Because of all the timber that's down their fencing contractor hasn't exactly cleaned up. I found a fence post at one end cut off & pushed over with fencing wire still attached because it completes the fence at the far end of the property !

Just had confirmation that a mate is heading over on Saturday with a chainsaw & trailer so hopefully it will be completed next weekend.


Colin

I think you'll find its illegal to dam the overland water flow. You can direct it, but not dam it.
Had this debate with the units at our rear, whose gardener tried to dam the fence line to stop water from three properties including ours from flowing downhill towards theirs, causing it to back up onto us neighbours.
It took a warning letter from us, a complaint to the council and a visit from an inspector to sort it out.
The units installed a drain on their side of the fence to direct the water onto a driveway.
You could dig a drain on your side of the fence to direct the water away.

Originally Posted by DiscoMick

I think you'll find its illegal to dam the overland water flow. You can direct it, but not dam it.

He's effectively dammed it with his fence down to the ground.
There is already a spoon drain at one end because there is a stormwater pipe just his side of the fence from a property above him. Every few years the council had to come to our property to access his property and put the root cutter through.....they'll have to get to the bottom of his garden now and he has put a fence up at 90degrees to the one shown in the picture with no gate so that will be fun. I did warn him but he was already installing the fence.
The water floods into our property hence the previous owned cut a spoon drain, when it happens I'll just pass it over to the Council to deal with.


Colin