Some advice please

[Ekka911]

Hi there,
I am a property owner on the Central Coast of NSW and have recently used an arborist to remove a pretty large tree, he did a great job and his team worked really hard. It was about a year ago now and he made mention about a tree on my Neighbour's property that looked a little sick. At the time I didn't really take much notice however just recently I was looking at it when a bird flew into it and then hung around for a while then left.

At that time, I did mention it to my neighbor, which was about a year ago, but they haven't done anything about it. I am concerned that it may be an accident waiting to happen. My grandchildren play in my backyard near where the tree is.

I have attached a couple of pictures.
what I wanted to know was
1) Is it a problem?
2) If it is, what can I do about it or what are my rights with regard to making my neighbor do something about it or do I have to wait until it kills somebody?
3) Should I notify the council? Can they do anything about it?

Sorry for all the questions but I am nw getting a little worried about it.
Thankyou
Eric

 

[Raintree]

The first question I would ask you, are you willing to pay for the removal of the tree if your neighbor gives you permission to have it removed?

 

[Ekka911]

No, it's not my property so it's not my responsibility. I have remover several trees on my property and did not ask my neighbors to pay me anything...

 

[Raintree]

Not everyone has the means to pay for tree removal. Are your willing to alienate your neighbor by pressing the issue? It's my experience that these issues never end well. Both with legal and emotional costs.
Diplomatic approach is always best, expressing your concerns without an aggressive attitude with your neighbor. Try to understand why he does not want to remove the tree. Offer to help in having the tree evaluated. In the mean time keep out from under those large dead limbs. Avoid being near the tree on windy stormy days. I've seen neighbors dig their heals in, spending thousands of dollars with lawyers, when the funds could have been used to just deal with the tree.

 

[Ekka911]

Hi Raintree,
Thank you for your response and advice. I have spoken with my neighbor and his wife now on 2 occasions and they have done nothing, so I don't know what else to do. The position of the tree is at the back of their property and does not really impact on their house, it is right on my boundary and is much closer to my place and backyard than theirs.

I have council property adjoining mine and I have had to maintain the trees on their property that encroached on mine because they refused to do anything with them as well, just seems that I am the only one paying for all the tree related work around here and am getting a little sick and tired of it. They recently have spent a lot of money on new decks and landscaping etc. around their property so whether they have the means or not I don't really know.

I will approach them again and see what they say but I don't think I should be paying for it. An Arborist told me, once they are made aware of the problem, their insurance will not cover them in the event of an issue arising from damage caused by it.

 

[Raintree]

I can understand your frustration, people need to be responsible property owners. When you talk with them again show them the pictures of that large trunk wound. It's possible they are unaware. Express your feelings and concerns about the grand kids.
Paying for a hazard evaluation and sending a certified letter greatly helps your insurance company recoup damages from his insurance. If in fact his tree damages any structure on your property. You'll have to notify his insurance company. They may pressure him to remove the hazard or lose coverage. I'm sorry for your situation.

 

[WI_Hedgehog]

To me there are a lot of dangerous things in the world, and an old tree is one of many. It's been standing "for a hundred years," the chances of it losing a limb while someone is under it are pretty slim. At some point branches will start coming down in a storm you wouldn't want to be out in, probably smaller ones at first and at some point larger ones. Eventually something will have to be done, but that's your neighbor's tree and your neighbor's problem.

Invite them over for hors d'oeuvreɔ and casually mention the state of the tree. You catch more flies with honey than you do vinegar.

 

[davidwyby]

For those that don't know, I think the fella is Down Under and those trees are more prone to dropping limbs...

...I'll do it for free, just pay my expenses there and back ;-D

 

[Bill G]

To me there are a lot of dangerous things in the world, and an old tree is one of many. It's been standing "for a hundred years," the chances of it losing a limb while someone is under it are pretty slim....................................................

They are slim but they do happen. This incident is from my home county. Two people were killed while they watched the 4th of July fireworks on the courthouse lawn.

https://www.kwqc.com/content/news/L...-Rock-Island-County-Courhouse--487292161.html

 

[WI_Hedgehog]

They are slim but they do happen. This incident is from my home county. Two people were killed while they watched the 4th of July fireworks on the courthouse lawn.

https://www.kwqc.com/content/news/L...-Rock-Island-County-Courhouse--487292161.html

I understand and don't discount that, however I think you're about as likely to be struck and killed by a tree branch as lightning, and have a slightly better chance of winning the National Lottery jackpot.

Okay, the fact is the average person is far more likely to be killed by lightning than a tree branch.

 

[Bill G]

I understand and don't discount that, however I think you're about as likely to be struck and killed by a tree branch as lightning, and have a slightly better chance of winning the National Lottery jackpot.

Okay, the fact is the average person is far more likely to be killed by lightning than a tree branch.

I do not disagree with that, hell my Dad got hit by lighting.

 

[WI_Hedgehog]

I do not disagree with that, hell my Dad got hit by lighting.

What was he doing when he got struck, and what was the damage?