Fence line trees, pruning and general chat

[treeseer]

sounds like an ok plan, depending on how "nuisance' and "needlessly" are defined...

 

[Grizzly]

It would have seemed more logical to just get rid of that tree. Its just going to grow back fall over or be in some one elses view. I know that means more money, but why go back to a job with a stubern customer.
I had a job near a fence and I had the last 8 feet to go. So I cut it down in four sections I lost two peices on the hill along with bending the fence. The one thing I hate about working on the property line is the fence. It seems if a drop a branch even near it, theres a mark or scratch of some sort.

 

[Grizzly]

Bumped into the Victorian rules today.

http://www.liv.asn.au/public/legalinfo/neighbour/neighbour-Trees.html

If branches from a neighbour’s tree overhang your property or its roots spread onto your land causing a nuisance or damage to your property, you are entitled to cut off the branches or sever the roots.

* Take care not to needlessly kill the tree or make it unstable. If the tree is needlessly damaged or becomes unstable and causes damage to other property, you may be liable to pay compensation.
* In the absence of an agreement with your neighbour or a court order, you will have to bear any cost of tree lopping yourself.
* The limbs or roots remain the property of your neighbour.
o They should be returned to your neighbour or disposed of by agreement.
* If a tree is causing physical damage to your property you can apply to the Magistrates Court for an order requiring your neighbour to remove the tree.
o You may be entitled to recover compensation for damages.

Resolving a dispute

1. Speak to your neighbour about the problem in a friendly and non-confrontational way.
2. If a solution cannot be reached, remove the limbs or roots yourself. Make sure you do not damage the tree.
3. If damage has occurred, consult a solicitor to pursue alternative dispute resolution methods.
4. If the neighbour still refuses to take action, you can commence proceedings in the Magistrates court.

Legal action should always be a last resort as it can have lasting detrimental effect on neighbour relations.

Or drill a hole in the root on your property and pour some round up in it.
That stops that damage and creates a solution for that stubern neighbour to cut it down.
in which results in more work (MORE MONEY)

 

[Ekka]

21 November 2006 NSW Parliament passed a new Bill dealing with fenceline trees and tree disputes.

The new laws will introduce fines up to $110,000 for failing to comply with a court order.

Gone are the arguments and enter new fast reasoning and logic.

Here's a PDF draft of the new legislation.

http://www.pco.nsw.gov.au/pdf/exposure/b06-004-12-d11.pdf

I've read it and like it, about time some seriousness comes of this, the 2nd highest urban dispute area ... the first is noise complaints.

 

[l2edneck]

If branches from a neighbour’s tree overhang your property or its roots spread onto your land causing a nuisance or damage to your property, you are entitled to cut off the branches or sever the roots.

Yes you buy the ground aswell as air space,unless defined by your deed restrictions.

All of us paxes taxes on our property horizantally(sp?).Just wait till we are taxed vertically(sp?)

Thus inlies the old age dispute.........

my climate.....every three - six months pruning

 

[treeseer]

Nice pics 12ed.

Both landowners have what they want, and the arborist works to maintain the trees. I don't see a problem there--not an ideal situation, but nothing to go to war over.:angry2:

Hey 12ed, FLISA in Innisbrook next June--ya goin?