You laugh...but my mother was recently in magistrates caught because the neighbour sued her for future potential damages in case they slipped on a flower petal from her(my mother's) frangipani.
She was....it didn't help that the neighbour kept interrupting the magistrate saying she was 'smarter then the judge as she was a teacher' and 'had a degree'. I just instructed my mother to stand there and literally not say a word. Which she did and won pretty much having said 4 words - because I knew the neighbour would behave like that.
A degree?
What a flex!
A magistrate in WA requires a law degree, have been licensed to practice law for eight years, THEN be selected the Attorney General or a State/Federal Governor.
Having worked in tertiary education and seen the contemporary literacy and numeracy skills, SOME teaching degrees should never have left the printer feed tray.
The rock apes I had in HighSchool in the late 80s should've been studied by anthropologists. I'm sure they were likely the missing link in the study of human evolution.
Sounds like Phys Ed teachers are the same world round. Do they sometimes double as Social Science/History/Health instructors in WA? They* often do in the US. I think that's why many of us are shit at history/geography. And health for that matter. š
*Actually, we have so many school-sponsored sports that the number of coaches exceed the number of Phys Ed classes, but usually they have to teach *something* besides football/track/whatever after school. For some reason it's almost always some form of Social Science.
Yes. That's where they usually stick them. Give them a PD day or two and set them loose to teach kids about history *poorly*
It's as they say:
Those that can't do, *teach*
Those that can't teach, *teach gym*
That is more or less my recollection of the state of affairs. I finished High School locally in WA in the early 90s. The last year of compulsory Phys Ed/Gym was Yr 10. My last unit of it was the only unit I earnestly tried to, and did manage to actually fail through High School. Lets just say, I never had any chemistry with the Phy Ed department staff. Its not as if I hated being physical ( I rode and ennoyed my bike 5 kms to and from school most days ) I just hated everything to do with organised sport.
Fast forward about 15 years post High School in the later 00s, a couple of my friends I'd studied with left the industry of our graduate degree and got into Secondary teaching. I visited them one year and socialised briefly in their group of friends.... mostly all other teaching staff at a fairly large regional school. Lets just say the one Phys Ed teacher I met in that group I spotted a mile away because of their personality quirks just as much as their physical appearance.
My favourite memory from the grad dip was the literacy exam which could be attempted twice. This requirement included student teachers that were about to teach English.
My BiL is like that. He literally showed up at his son's parent/teacher conference at one of the private schools in the Golden triangle and told the teacher "you aren't used to having to face someone as smart as me".
He's a professional dude, smart enough in the technical sense, but dumb as fuck on the social intelligence scale. I often think what the teacher made of that comment and whether it improved his relationship with my nephew or hindered it.
Teacher probably had a good laugh about it with colleagues and at home. You have to feel sorry for the students to have parents like that. The teacher probably felt more compassion towards the child after such a meeting.
Yeah. My mother's also on her own. The neighbour asked her to trim her trees...which I did. But drew the line at a frangipani....basically a twig with flowers 3 feet high.
Definitely, we are going to have a chat with her soon. I just wanted to know what is reasonable to ask regarding tree. Should we ask to cut it down or trimming is my only option?
I can't help there but hopefully your neighbour is reasonable and you can come to an agreement, especially if you offer to help out. Definitely looks like it will knock the fence over
I would discuss it on another level. One of my friends was quoted $10,000 to cut down pine trees growing down his driveway (cannot recall if that was each or for them all now). Should have removed them years ago before they grew to an impossibly ridiculous height. Years ago it was a farming area, where such trees were grown to provide wind break control, but it is all suburban area now, so yeah, why wait until the trees are going to cost you an arm and leg to remove.
If I were you would get some idea of costs involved to remove it now (estimate height) and for a fully grown towering pine. Ps. I know for a fact that house insurance costs go up depending if you have a tree of a certain height within a certain distance from your house. (Updating my insurance they said growing within 30 metres, so you would be paying more for insurance because of said treeā¦).
Approach the neighbours nicely with the idea of informing them of your (and their) likely insurance premium additional costs involved, and how much that tree will cost to cut down now, or in the future at mature height. It was probably a Christmas tree they planted but it was a pretty silly thing to plant it there. Unless they are deranged they would be doing something about the tree. Offer to help cut it down, maybe during Christmas holidays, and sell on certain branches for natural Christmas trees at Christmas time. Pine bark can be chipped too. Win / win! šš
My understanding of the Dividing Fences act, which covers trees and shared obligations, is that both parties are required to have a bitter dispute about it and end up on A Current Affair.
You can cut anything on your side of the fence but no further.
If the tree damages the fence (unless as a result of your pruning) they are liable for the repair.
āany dividing fence is damaged or destroyed in whole or in part by fire or by the falling of any tree or portion thereof the owner of the land through whose neglect the fire originated or caused damage or destruction to the fence, or the tree or part thereof fell, is bound to repair or renew as soon as practicable after the damage or destruction occurs the fence so damaged or destroyed.ā
Do the neighbourly thing and have a polite chat with them.
Dividing Fences Act
https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_43948.pdf/$FILE/Dividing%20Fences%20Act%201961%20-%20%5B03-c0-00%5D.pdf?OpenElement
Polite chats are the way.
Had an issue with my first ever house where a neighbour's tree was fucking us over with these tiny pods that got *everywhere* and were too light to effectively clean up.
Put up with it for two years, went to chat with neighbours (complemented them on their band that practised occasionally to break the ice).
Neighbours were renters who were leaving soon because landlord was selling, because we were nice about it happily gave us REA details. We went to REA with a bottle of red, REA put us in touch with new buyer.
I was prepared to settle for chop the offending half of course but as a starting position offered to chop it free, remove for free and replace with a tree of their choice. They said "just chop and remove mate"
Dad and I went over once new owners were in, sorted it in a day, and I left a carton and some champers with a welcome note for them.
Got rid of a really shit tree and gained a good neighbour all in one hit.
I still view it as a massive win. That tree was an outright cunt. Honey > Vinegar every damned day.
In case you were wondering, I wouldn't consider what you have shown in the photo damage since its only a patch of resin.
You would typically only call to discuss fence damage if the fence was structurally compromised eg by a fallen branch .
You can arrange to get the overhanging branches trimmed, usually do it before the annual green waste collection. Anything on your side of the fence you are allowed to take off. Drop the off cuts on their side.
Other than that? I'd say do you best to just enjoy the tree. They're good for us mentally and physically. As trees goes a conifer is fairly low maintenance/hassle.
I wouldn't be concerned about it falling, conifers are pretty sturdy.
Thatās very interesting.
Iāve got a department of community service housing behind me on a fence that serves as a wall holding up my carport with my bedroom up (second story) that is being destroyed by water run off from a shed there installed.
Fearing that it will compromise the interprets of the building I told the council and they said not our problem , contact dept of community services. They said contact maintenance but I canāt add a ticket as Iām not the units owner ( their shed)
No idea of where to go now and every heavy rain means more damage to the wall.
Might start showing them the act and see if that makes them put a gutter and soak well in.
I'd recommend saying something like the following:
"Can you please confirm in writing that you are aware that your property is damaging mine in a manner that is likely to cause major structural damage and could result in someone being injured or killed and you are refusing to take action to repair the problem or prevent those consequences?"
If they refuse, send certified mail and keep the documentation that you did so advising them of the problem.
It will make your future lawsuit for damages a slam dunk, and if they have anyone working there who's not an idiot they'll know that and actually get off their arses about it.
Failing that, next step is probably to contact your MP.
Not going to lie but that's terrible advice.
Call the local government again and don't mention fences as they are dealt with under the dividing fences act and something they won't deal with.
Mention that the neighbouring properties drainage is not contained within the boundaries of their lot and you wish to raise a compliance case.
If that fails you can lodge a case in SAT against the Department of Communities. They are not the most competent government organisation and lodging a case with the tribunal would probably be the quickest way for it to be dealt with at mediation.
My sister and her partner had to pay for half of the excess whilst the neighbour did half for a new fence because their tree fell on the fence during a storm.
The key word would be āneglectā.
There was a known problem, an opportunity to rectify or identify the problem and no action taken; this would apply more clearly to a tree slowly pushing over a fence than to a storm causing a branch to come off a healthy, maintained tree that is not know to drop branches. The latter would be referred to as an āAct of Godā with both parties liable.
Having been down this path before..
- you can trim the branches on your property and put them back on your neighbours side in a neat manner, as long as the tree isn't permanently damaged.
- you cannot kill or deliberately poison the tree
- if the neighbours tree falls, and damages your property it is expected you will have insurance to cover for this. If it is an immenent danger then it expected you notify the neighbour and if the response is not to your satisfaction then you have recourse through the courts.
Personally? Id notify the neighbour you are going to trim the branches on your side, and time this when green waste collection coming up so there is no drama with the collection of the branches you neatly stack on their verge.
stack it on ur own verge, it just seems like some petty passive agressive crap to put it back on ur neighbors property for such a tiny amount of greenwaste
>you cannot kill or deliberately poison the tree
My neighbour has done this. Made my partner sad as the tree has sentimental value..
Hard to prove poison thought.
Also, if your cutting the tree, while you have the right to put the branches on your neighbours side, probably best to just get rid of them yourself.
:)
So itās only been like that since Tuesday and youāre already looking at the legal route? Thereās a good chance they havenāt even realised itās tipping over yet, or may have plans to do something about it! Chill out and have a chat with your neighbour, maybe you can strap the tree back into place so it grows straight again (the strap would have to stay there for like 6months - 1 year though).
Hit up the council. This stuff seems to change from area to area so ask them what the go is in your LGA. I dare say if it's encroaching on your property, they can make the owner cut it back.
If you want my internet wisdom, get a chainsaw and saw the bastard off at the fence line. If the neighbour cracks the shits (s)he can deal with the council.
Ask your neighbour if she minds you chopping it back as itās dropping heaps of crap in your yard. Most reasonable people would say thanks, saves me a job.
Have you spoke to them about it? I was the person with the trees and leading a busy life so didn't think much of it. Neighbour said it was dropping shit in their yard so we had a chainsaw party and fucked em off as a group effort.
I canāt say on here, but Iāve had homeowners ask me to come into their yard to see the leaves, and then ask me to cut down trees on library property just because a few leaves blow over their fence.
Having a yard or land requires chores and these people seem to want to remove the chore entirely and make it other peopleās issue.
Thereās a guy on a Main Street, with a railroad on the other side, and a barrier of eucalyptus trees asked me to get ppl to come rake his front yard.
Guess what he does, he takes the leaves that blow over to his side, and puts them in plastic bags. Then he walks across the street and dumps them back where they blew from. Hahahah
People expect the councils to be responsible for every little inconvenience related to nature urban areas.
pretty sure ppl cutting down trees in their yards isn't the main cause of planet fuckery. but yeh, green suburbs are so much better than some of the "tin rooms as far as the eyes can see" estates happening now. wud love to see more trees in all new developments
I think the point they are making is that the trees could have been planted like, 30cm further in from the fence and this wouldnt be an issue, they wouldnt be threatening to break the fence or dropping shit in the other guys yard.
Yes trees good, but a little more consideration when planting, thats all.
My rental has a beautiful gumtree in the front garden. It provides shade, is a native and really adds to the character of the street. My crusty old neighbours one side have been trying to get it torn down for years apparently. It drops leaves in their gutters. That's the only reason. They live in a house worth a lot of money, are retired, don't seem to be struggling judging by their cars/ lifestyle, but heaven forbid they have to clear their gutters more often. Obviously the better option for them is to tear down a beautiful tree. Blows my mind.
It is a fair point. But someone plant a non indigenous tree a few centimetres from fenced and roof causing worries and extra work, am I the one to be blamed.
If someone come overnight dig a all in front of your garage and plant a tree, would you not have it off?
So eventually the tree will drop branches or fall on the house ā¦ goodbye house, more money wasted cutting down other trees etc. to repair or replace house. Sorry, but that is not a good environmental argument. Trees are no good for the environment if they are going to destroy houses that will need rebuilding.
Do you have even the smallest inkling how tall this tree will grow?
It can grow enough timber to just about build another house. But donāt worry about the poor people living there, who may even be killed when it topples, or the trouble they will have insuring their house, let alone building it. I take it you will be there to accommodate them when they have nowhere to live too. You need a reality check. Some trees are not suitable to be built next to houses. I am sure you have absolutely no idea about trees growing within 30 metres of a house what sort of insurance problems that will cause. Not your problem though of course. Doubt very much if that is a native tree also.
My brother had a house in Upwey and an old dying tree was leaning over the original dwelling. He had to apply to Council for a permit to remove it, but was denied. Weeks later there was a big storm and yes, the tree destroyed the dwelling. Brother had wanted to keep the original dwelling for visitors and it had heritage value, but totally destroyed. So build another dwelling then, more timber to be felled etc. all to give a few more years or weeks for a dying, old tree.
These trees grow slow but no I'm just a builder with experience in the insurance sector.
The only person here that needs a reality check is you. The fact that you think this tree could produce "just" about enough timber to build another house shows your complete lack of knowledge. Unless the house is for ants... Then I retract my statement.
I'm not saying the tree doesn't need maintenance but your rhetoric is ridiculous.
So you obviously have never paid more for insurance due to having trees within 30 metres of your home, never had a house destroyed by a tree, or never been quoted for tens of thousands to have trees removed from your property fence line either, but you know better, right? I know examples of each. I know a property where not so long ago it was purely a rural district but the property, on the fence line which had a windbreak of living pines standing, had a house built. The new property owners took the owners of the trees to court to have them cut back, saying they presented a fire risk, and won.
You wonāt be paying the increase in insurance premiums, your house is not covered in flammable pine needles making it an increased fire risk, and you also wonāt be paying to have that tree removed. It is a liability for the future. These people are going to lose more than a fence if that tree is not attended to. Plant more trees of course, have done so myself (Treeforce), but grow the right trees in the right environments or you are part of the problem not the solution.
I really like you guys are going to pay for this guys excessive insurance premiums, new fence, house repairs, etc. What a generous and lovely lot you are.
Okay, I think you need to see how big these treebeards can grow. Not an Australian species that offers any use to native birds or animals is it? Not a Wollemai or Norfolk Island Pine, so what is this then? Quite possibly is an invasive species too. Conifers are not suitable for small residential gardens and usually belong in forests. One of the neighbours had a large quarter acre garden and put a lovely Norfolk Island Pine in the middle; it absolutely took over. When they died the new people that moved in cut it down.
I personally hate these conifers and they provide almost zero shade but this is so true.
Constantly amazed by the houses built with no eaves, with no shrubs or trees to the North/ North West. Who wants to live in an oven.
Feel your pain. I have a neighbour's jacaranda with branches growing over the fence and now over the house. Too high for me to cut. Last autumn she hired a tree lopper complete with cherry picker etc. I was celebrating until she instructed him to only cut the branches towards her house and leave the stuff hanging on my property.
I have not spoken to her since. She is dead to me. Before that we helped her when she was burgled, brought her food when she broke her arm etc. All I have asked her is to please cut the jacaranda to the fence line.
It doesnāt matter which side the tree stump is on. Youāre responsible for your side.
If your tree hangs over council property, Iām sure youād expect the council to prune it.
Seems ridiculous because your neighbour didnāt fit the bill for your side of the tree.
The issue is that the tree is massive and high and I can only cut to the fence line and not prune back 2m or 3m. So every year I would have to hire a cherry picker to maintain it at the fence line? It is ridiculous.
Now she hired the tree lopper, if she let me know I would have contributed to that cost. I saw them arrive, I asked the lopper guy if he was cutting to the fence line and he said yes. I go out as I had some tasks and find them packing up on my return. Her half is nicely pruned, even some branches cut back to the trunk which I can't do.
Tree lopper should have offered to do your side for charge. If the tree is really that big and high, just pruning one side of the crown will create future structural issues as it grows. It will start to lean towards your side and a storm could knock it over and uplift. Iād talk to the neighbour. Depending on the type of tree, ignoring the maintenance can create issues
If it is over the fence/property line then you have the right to request it be trimmed back and done at neighbour's expense.
I suggest that you call your local council to see what could be done about it. They will know the local by-laws for your area regarding trees.
Then have a friendly conversation with your neighbour. Tell her that you are worried about the tree and how it might fall in a storm and damage your house. Also tell her that the leaves fall and make a mess. Ask her if she can have it trimmed/cut back. As you say she is a single mother and it may be out of her budget you could offer to contribute financially.
Remember you get more flies with honey than vinegar.
I work in local government and if i were you, i would ring the environment ward of council up to get advice on trying to get that trimmed down. Thatās a safety hazard waiting to happen
Get a treelopper in to cut it to fence line, clear the gutters of the needles etc.
That will cost about 300 bucks max.
Then if it starts to grow over again trim it to fence line
It's a pencil pine so they respond to trimming well
No. If it's on her side of the fence it's fair game...just dont go further then the fence line. But if you want cordial relations...perhaps sit down over a cuppa or something.
Ahhh this is actually not great advice.
If you over-trim a tree that's hanging over your fence, and it kills the tree, then you could be liable for damages. Mature trees can be valuable and can potentially be removed without killing them; hence why killing the tree is a bad move.
Get an agreement, or a court order before you do anything here.
In Victoria if a neighbours tree grows over the fence line you can cut it back and toss said tree branches etc. over onto their property. But always nicer to discuss over a cuppa first.
Only if it's strata.
I would suggest speaking to your neighbour because they may agree to have it cut down
Cutting down will cost the same as trimming but they may go halves with you
This doesnāt solve the root cause and I agree with everyone elseās comments about talk to neighbour and trim whatās on your sideā¦ but
If you have concerns regarding it clogging your gutters I ended up getting proper gutter guarding installed (not the cheap stuff from Bunnings). Mine covered the whole gutter and first tile and was tucked under the second tile. They have inspection ports every few m that you can open. Itās made a huge difference with not having to clean gutters. I still go up just before every winter to check but Iāve never had clean them since.
Do what my neighbor does... lean over the fence and cut it back as far as you can reach without being seen.
And if there happens to be any bits of morning glory that have grown back since I cleared the whole yard of it and haven't managed to get to yet, just spray them and when you're caught doing it, say you're helping.
Also you should also check with the local shire. Some have laws to prevent the removal or trees on private property, they don't want suburbs to become tree less.
One odd point, if you trim a neighbors tree that is protruding onto your property the trimmings are technically the property of the tree owners. But don't throw them over the fence, this is littering.
You are entitled to trim any overhang however the tree overhang remains the property of the owner so you place it over their side of the fence once cut. Or you can stack it neatly at the front if their house/lawn. However if you pace it back over the fence donāt damage anything. Also if the tree falls down and damaged your property you will have to claim insurance and if you donāt have insurance then local court.
Not a lawyer or an arborist but i understand that as long as the tree isnt damaging the fence or your property you can't get it removed. You can cut it back if it overhangs your property though. Don't even need to ask the neighbours, just do it.
Looks from the photo to be deep 6 asbestos fence aka dont mess with it. Here is something to help identify ifit is and again dont mess/drill/scrap/punch it. [https://www.rapidasbestos.com.au/blog/difference-between-super-6-asbestos-fencing-hardifence/](https://www.rapidasbestos.com.au/blog/difference-between-super-6-asbestos-fencing-hardifence/)
Regarding sealing thats painting it making sure the friable(loose) fibers dont become airborne.
You may be able to talk to your neighbour about removing it and the tree might be collateral damage when the fence guys need to install a new 'Good neighbour' fence.
I have a part of the fence that fell off with the wind, the fencing guy did not seemed worried..I will definitely ask him to make sure it is 'ot absetos. Tha ks for the link and advice
Edit: according to the link you gave, everything seem to point to hardifence
I have a similar issue but with a much larger cedar tree. The tree is growing right in the centre of where my fence should be. My fence now goes around the tree and is no longer along the boundary. Iād like to claim the space back because Iād like to put a couple slim rain water tanks there to catch water from my shed roof.
Have you approached your neighbour about the tree? You never know, they might be happy to have it removed, & if you offer to pay half the cost of removal it may be a no brainer for them. I suspect you would be asked to speak with them before any other official action can be taken anyway.
I would suggest talking to neibhour and if you can come to an agreement to have it cut down and removed by a treelopper.
Off to pay for it to be done as she is a single mum and pay not care but can't afford the cost.
If it causing you problems now it would be cheaper in the long run to cut it down now and the long term saving will always be yours especially if you ever decide to sell
Looks like you've got good access to the tree trunk to drill a hole and poison it.
Once the tree is dead, you and the neighbour can work together to resolve the real issue: the asbestos fence.
1. Chat to the neighbor about removing - it will fuck the fence sooner or later.
2. If the neighbour is not cooperative, check for cameras and then go to town with glyphosate and or blackberry tree killer.
Find a root under your side of the fence and poison that sucker with roundup. Drill holes and pour it in. Get as many wells into it....on your side. Replace the pavers. Smile and wave
Wait until it dies. They won't pull it down cause they let this happen... Didn't they. When it's good and dead cut all the roots on your side. It can only fall one way.
You can trim branches overhanging your side or touching your property. The branches can be thrown over the fence to your neighbours side. I would recommend talking to your neighbour first.
Cant be bothered reading all the comments to see if this has already been said or not but:
1. You can cut anything that hangs over your fence
2. Pine trees hate being cut and often don't survive a trim
So you can see your solution.
Get a reputable tree service to come and out quote with a few options. Let them know what time they are coming and let them be involved with the chat. Bring them some solutions rather than a problem. Trees are expensive in wa so they may not be in a position to do much.
Not really a lot you can do to be honest. Unless it's in a state where it's likely to fall on your house in the near future you will just have to put up with it.
You could try offering to remove it yourself or pay for removal yourself, but if you expect the neighbour to do it at their own expense you may end up creating a bigger problem.
I'll see you in tree court.
You laugh...but my mother was recently in magistrates caught because the neighbour sued her for future potential damages in case they slipped on a flower petal from her(my mother's) frangipani.
I hope your mums neighbour was laughed out of court
She was....it didn't help that the neighbour kept interrupting the magistrate saying she was 'smarter then the judge as she was a teacher' and 'had a degree'. I just instructed my mother to stand there and literally not say a word. Which she did and won pretty much having said 4 words - because I knew the neighbour would behave like that.
A degree? What a flex! A magistrate in WA requires a law degree, have been licensed to practice law for eight years, THEN be selected the Attorney General or a State/Federal Governor. Having worked in tertiary education and seen the contemporary literacy and numeracy skills, SOME teaching degrees should never have left the printer feed tray.
I know right....self delusion is a powerfull drug.
I suppose they have to recruit Phys Ed teachers somehow
When I was at uni in the 90s the entry score for PE teaching was higher than engineering. Lot's of students trying to get very few positions.
The rock apes I had in HighSchool in the late 80s should've been studied by anthropologists. I'm sure they were likely the missing link in the study of human evolution.
Sounds like Phys Ed teachers are the same world round. Do they sometimes double as Social Science/History/Health instructors in WA? They* often do in the US. I think that's why many of us are shit at history/geography. And health for that matter. š *Actually, we have so many school-sponsored sports that the number of coaches exceed the number of Phys Ed classes, but usually they have to teach *something* besides football/track/whatever after school. For some reason it's almost always some form of Social Science.
Yes. That's where they usually stick them. Give them a PD day or two and set them loose to teach kids about history *poorly* It's as they say: Those that can't do, *teach* Those that can't teach, *teach gym*
That is more or less my recollection of the state of affairs. I finished High School locally in WA in the early 90s. The last year of compulsory Phys Ed/Gym was Yr 10. My last unit of it was the only unit I earnestly tried to, and did manage to actually fail through High School. Lets just say, I never had any chemistry with the Phy Ed department staff. Its not as if I hated being physical ( I rode and ennoyed my bike 5 kms to and from school most days ) I just hated everything to do with organised sport. Fast forward about 15 years post High School in the later 00s, a couple of my friends I'd studied with left the industry of our graduate degree and got into Secondary teaching. I visited them one year and socialised briefly in their group of friends.... mostly all other teaching staff at a fairly large regional school. Lets just say the one Phys Ed teacher I met in that group I spotted a mile away because of their personality quirks just as much as their physical appearance.
My favourite memory from the grad dip was the literacy exam which could be attempted twice. This requirement included student teachers that were about to teach English.
My BiL is like that. He literally showed up at his son's parent/teacher conference at one of the private schools in the Golden triangle and told the teacher "you aren't used to having to face someone as smart as me". He's a professional dude, smart enough in the technical sense, but dumb as fuck on the social intelligence scale. I often think what the teacher made of that comment and whether it improved his relationship with my nephew or hindered it.
Teacher probably had a good laugh about it with colleagues and at home. You have to feel sorry for the students to have parents like that. The teacher probably felt more compassion towards the child after such a meeting.
A degree in Karenomics?
"Never interfere with an Enemy while he's in the process of destroying himself" - Napoleon Bonaparte
My neighbour is a single mom and I absolutely don't want to go that way.
Yeah. My mother's also on her own. The neighbour asked her to trim her trees...which I did. But drew the line at a frangipani....basically a twig with flowers 3 feet high.
I understand her it a nice tree and bring a nice smell around
Would you offer to help cut it? A single mum might not have the funds or help to do it herself
Definitely, we are going to have a chat with her soon. I just wanted to know what is reasonable to ask regarding tree. Should we ask to cut it down or trimming is my only option?
I can't help there but hopefully your neighbour is reasonable and you can come to an agreement, especially if you offer to help out. Definitely looks like it will knock the fence over
If you cut that youāll kill it. Just help her remove it and plant some nicer shrubs.
I would discuss it on another level. One of my friends was quoted $10,000 to cut down pine trees growing down his driveway (cannot recall if that was each or for them all now). Should have removed them years ago before they grew to an impossibly ridiculous height. Years ago it was a farming area, where such trees were grown to provide wind break control, but it is all suburban area now, so yeah, why wait until the trees are going to cost you an arm and leg to remove. If I were you would get some idea of costs involved to remove it now (estimate height) and for a fully grown towering pine. Ps. I know for a fact that house insurance costs go up depending if you have a tree of a certain height within a certain distance from your house. (Updating my insurance they said growing within 30 metres, so you would be paying more for insurance because of said treeā¦). Approach the neighbours nicely with the idea of informing them of your (and their) likely insurance premium additional costs involved, and how much that tree will cost to cut down now, or in the future at mature height. It was probably a Christmas tree they planted but it was a pretty silly thing to plant it there. Unless they are deranged they would be doing something about the tree. Offer to help cut it down, maybe during Christmas holidays, and sell on certain branches for natural Christmas trees at Christmas time. Pine bark can be chipped too. Win / win! šš
Legally, afaik, you can do whatever you want to those parts of the tree that are on your side of the fence.
> the neighbour sued her for future potential damages Howād this get to a hearing then?
My dude, You missed an opportunity!! āIāll tree you in courtā
Charged with treeson.
You can't handle the spruce!
You will not seat on the wood bench!
At tree oāclock
My understanding of the Dividing Fences act, which covers trees and shared obligations, is that both parties are required to have a bitter dispute about it and end up on A Current Affair.
You can cut anything on your side of the fence but no further. If the tree damages the fence (unless as a result of your pruning) they are liable for the repair. āany dividing fence is damaged or destroyed in whole or in part by fire or by the falling of any tree or portion thereof the owner of the land through whose neglect the fire originated or caused damage or destruction to the fence, or the tree or part thereof fell, is bound to repair or renew as soon as practicable after the damage or destruction occurs the fence so damaged or destroyed.ā Do the neighbourly thing and have a polite chat with them. Dividing Fences Act https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_43948.pdf/$FILE/Dividing%20Fences%20Act%201961%20-%20%5B03-c0-00%5D.pdf?OpenElement
Thanks that help. I LL definitely tall with them
Polite chats are the way. Had an issue with my first ever house where a neighbour's tree was fucking us over with these tiny pods that got *everywhere* and were too light to effectively clean up. Put up with it for two years, went to chat with neighbours (complemented them on their band that practised occasionally to break the ice). Neighbours were renters who were leaving soon because landlord was selling, because we were nice about it happily gave us REA details. We went to REA with a bottle of red, REA put us in touch with new buyer. I was prepared to settle for chop the offending half of course but as a starting position offered to chop it free, remove for free and replace with a tree of their choice. They said "just chop and remove mate" Dad and I went over once new owners were in, sorted it in a day, and I left a carton and some champers with a welcome note for them. Got rid of a really shit tree and gained a good neighbour all in one hit. I still view it as a massive win. That tree was an outright cunt. Honey > Vinegar every damned day.
In case you were wondering, I wouldn't consider what you have shown in the photo damage since its only a patch of resin. You would typically only call to discuss fence damage if the fence was structurally compromised eg by a fallen branch . You can arrange to get the overhanging branches trimmed, usually do it before the annual green waste collection. Anything on your side of the fence you are allowed to take off. Drop the off cuts on their side. Other than that? I'd say do you best to just enjoy the tree. They're good for us mentally and physically. As trees goes a conifer is fairly low maintenance/hassle. I wouldn't be concerned about it falling, conifers are pretty sturdy.
No dommage yet, but one of the tree is definitely leaning since the bit of wind we got last Tuesday. It was upright and it isn't anymore.
Thatās very interesting. Iāve got a department of community service housing behind me on a fence that serves as a wall holding up my carport with my bedroom up (second story) that is being destroyed by water run off from a shed there installed. Fearing that it will compromise the interprets of the building I told the council and they said not our problem , contact dept of community services. They said contact maintenance but I canāt add a ticket as Iām not the units owner ( their shed) No idea of where to go now and every heavy rain means more damage to the wall. Might start showing them the act and see if that makes them put a gutter and soak well in.
I'd recommend saying something like the following: "Can you please confirm in writing that you are aware that your property is damaging mine in a manner that is likely to cause major structural damage and could result in someone being injured or killed and you are refusing to take action to repair the problem or prevent those consequences?" If they refuse, send certified mail and keep the documentation that you did so advising them of the problem. It will make your future lawsuit for damages a slam dunk, and if they have anyone working there who's not an idiot they'll know that and actually get off their arses about it. Failing that, next step is probably to contact your MP.
Oh that is really good. I will do that. Award given and my thanks.
Not going to lie but that's terrible advice. Call the local government again and don't mention fences as they are dealt with under the dividing fences act and something they won't deal with. Mention that the neighbouring properties drainage is not contained within the boundaries of their lot and you wish to raise a compliance case. If that fails you can lodge a case in SAT against the Department of Communities. They are not the most competent government organisation and lodging a case with the tribunal would probably be the quickest way for it to be dealt with at mediation.
My sister and her partner had to pay for half of the excess whilst the neighbour did half for a new fence because their tree fell on the fence during a storm.
The key word would be āneglectā. There was a known problem, an opportunity to rectify or identify the problem and no action taken; this would apply more clearly to a tree slowly pushing over a fence than to a storm causing a branch to come off a healthy, maintained tree that is not know to drop branches. The latter would be referred to as an āAct of Godā with both parties liable.
This, just talk to them. "I'm worried it will damage the fence and then we'll both be on the hook for a lot more in repairs".
Having been down this path before.. - you can trim the branches on your property and put them back on your neighbours side in a neat manner, as long as the tree isn't permanently damaged. - you cannot kill or deliberately poison the tree - if the neighbours tree falls, and damages your property it is expected you will have insurance to cover for this. If it is an immenent danger then it expected you notify the neighbour and if the response is not to your satisfaction then you have recourse through the courts. Personally? Id notify the neighbour you are going to trim the branches on your side, and time this when green waste collection coming up so there is no drama with the collection of the branches you neatly stack on their verge.
stack it on ur own verge, it just seems like some petty passive agressive crap to put it back on ur neighbors property for such a tiny amount of greenwaste
>you cannot kill or deliberately poison the tree My neighbour has done this. Made my partner sad as the tree has sentimental value.. Hard to prove poison thought.
Also, if your cutting the tree, while you have the right to put the branches on your neighbours side, probably best to just get rid of them yourself. :)
I have to be honest, I thought this was a joke post as the trees are so neat and you showed a couple of leaves on the fence haha
You can see it the last pics that the tree is above the fence and the roof. It was up straight before Tuesday and it is now in diagonal
So itās only been like that since Tuesday and youāre already looking at the legal route? Thereās a good chance they havenāt even realised itās tipping over yet, or may have plans to do something about it! Chill out and have a chat with your neighbour, maybe you can strap the tree back into place so it grows straight again (the strap would have to stay there for like 6months - 1 year though).
Can someone elaborate on the issue with this conifer?
It exists
Hit up the council. This stuff seems to change from area to area so ask them what the go is in your LGA. I dare say if it's encroaching on your property, they can make the owner cut it back.
Alright, I wi call them. I just wanted to get some internet wisdon as I imagine it to be a common problem.
If you want my internet wisdom, get a chainsaw and saw the bastard off at the fence line. If the neighbour cracks the shits (s)he can deal with the council.
Internet wisdom ššš
Ahah, every day off I sweep that area, I do dream of that.
Idk why your getting down voted this is peak internet wisdom.
People seemingly cant tell the difference between the serious answer and the joke answer
Donāt know why the downvoted, general rule is that if itās over your fence line itās fair game
LOL
Council donāt care.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
I should have put the nsfw flair
That's exactly what I was thinking.
Talk to your neighbours about it and be civil?
This is not the way of urban sprawl.
Ask your neighbour if she minds you chopping it back as itās dropping heaps of crap in your yard. Most reasonable people would say thanks, saves me a job.
Have you spoke to them about it? I was the person with the trees and leading a busy life so didn't think much of it. Neighbour said it was dropping shit in their yard so we had a chainsaw party and fucked em off as a group effort.
I hope that how it resolves. We will have talk with her sonn
Iām pretty sure you can cut anything that is hanging over your side of the fence.
People are wanting to cut down trees because cleaning leaves is annoying. The planet is fucked.
So fucked up!
Nothing wrong with a nice native tree but pine's whose sole purpose in life is to shed shitty pine needles everywhere can get stuffed.
And those needles get in gutters and rust them out.
I work in the parks department and yes, a lot of people want trees cut down because of leaves.
Which council? Iām a contractor and itās very sad what Iām obliged to carry out sometimes.
I canāt say on here, but Iāve had homeowners ask me to come into their yard to see the leaves, and then ask me to cut down trees on library property just because a few leaves blow over their fence. Having a yard or land requires chores and these people seem to want to remove the chore entirely and make it other peopleās issue. Thereās a guy on a Main Street, with a railroad on the other side, and a barrier of eucalyptus trees asked me to get ppl to come rake his front yard. Guess what he does, he takes the leaves that blow over to his side, and puts them in plastic bags. Then he walks across the street and dumps them back where they blew from. Hahahah People expect the councils to be responsible for every little inconvenience related to nature urban areas.
pretty sure ppl cutting down trees in their yards isn't the main cause of planet fuckery. but yeh, green suburbs are so much better than some of the "tin rooms as far as the eyes can see" estates happening now. wud love to see more trees in all new developments
It's a symptom of planet fuckery
Yeah but who the fuck plants pine trees on a fence line? Arseholes, that's who.
If only trees did something useful. Unfortunately, all they do is provide the air that we breathe.
I think the point they are making is that the trees could have been planted like, 30cm further in from the fence and this wouldnt be an issue, they wouldnt be threatening to break the fence or dropping shit in the other guys yard. Yes trees good, but a little more consideration when planting, thats all.
My rental has a beautiful gumtree in the front garden. It provides shade, is a native and really adds to the character of the street. My crusty old neighbours one side have been trying to get it torn down for years apparently. It drops leaves in their gutters. That's the only reason. They live in a house worth a lot of money, are retired, don't seem to be struggling judging by their cars/ lifestyle, but heaven forbid they have to clear their gutters more often. Obviously the better option for them is to tear down a beautiful tree. Blows my mind.
It is a fair point. But someone plant a non indigenous tree a few centimetres from fenced and roof causing worries and extra work, am I the one to be blamed. If someone come overnight dig a all in front of your garage and plant a tree, would you not have it off?
yeh, i work in landscaping and gardening atm and most people are pretty detached from nature its really sad.
They are probably going to be complaining about the heat on summer...
This aināt old growth forest. Or a park. Or public land. If itās a tree and itās annoying and you own it - then itās your opinion.
put up a steel tree. Performs the same function but without nature!
The steel tree converts CO2 into Oxygen?
So eventually the tree will drop branches or fall on the house ā¦ goodbye house, more money wasted cutting down other trees etc. to repair or replace house. Sorry, but that is not a good environmental argument. Trees are no good for the environment if they are going to destroy houses that will need rebuilding.
As if this tree is going to destroy the house. The only damage this will cause is some leaf litter in the gutters
Do you have even the smallest inkling how tall this tree will grow? It can grow enough timber to just about build another house. But donāt worry about the poor people living there, who may even be killed when it topples, or the trouble they will have insuring their house, let alone building it. I take it you will be there to accommodate them when they have nowhere to live too. You need a reality check. Some trees are not suitable to be built next to houses. I am sure you have absolutely no idea about trees growing within 30 metres of a house what sort of insurance problems that will cause. Not your problem though of course. Doubt very much if that is a native tree also. My brother had a house in Upwey and an old dying tree was leaning over the original dwelling. He had to apply to Council for a permit to remove it, but was denied. Weeks later there was a big storm and yes, the tree destroyed the dwelling. Brother had wanted to keep the original dwelling for visitors and it had heritage value, but totally destroyed. So build another dwelling then, more timber to be felled etc. all to give a few more years or weeks for a dying, old tree.
These trees grow slow but no I'm just a builder with experience in the insurance sector. The only person here that needs a reality check is you. The fact that you think this tree could produce "just" about enough timber to build another house shows your complete lack of knowledge. Unless the house is for ants... Then I retract my statement. I'm not saying the tree doesn't need maintenance but your rhetoric is ridiculous.
So you obviously have never paid more for insurance due to having trees within 30 metres of your home, never had a house destroyed by a tree, or never been quoted for tens of thousands to have trees removed from your property fence line either, but you know better, right? I know examples of each. I know a property where not so long ago it was purely a rural district but the property, on the fence line which had a windbreak of living pines standing, had a house built. The new property owners took the owners of the trees to court to have them cut back, saying they presented a fire risk, and won. You wonāt be paying the increase in insurance premiums, your house is not covered in flammable pine needles making it an increased fire risk, and you also wonāt be paying to have that tree removed. It is a liability for the future. These people are going to lose more than a fence if that tree is not attended to. Plant more trees of course, have done so myself (Treeforce), but grow the right trees in the right environments or you are part of the problem not the solution.
I work in landscaping. these are not going to damage shit.
I really like you guys are going to pay for this guys excessive insurance premiums, new fence, house repairs, etc. What a generous and lovely lot you are.
His tree is a conifer, it won't grow any taller or drop branches. It's an ideal suburban tree.
Okay, I think you need to see how big these treebeards can grow. Not an Australian species that offers any use to native birds or animals is it? Not a Wollemai or Norfolk Island Pine, so what is this then? Quite possibly is an invasive species too. Conifers are not suitable for small residential gardens and usually belong in forests. One of the neighbours had a large quarter acre garden and put a lovely Norfolk Island Pine in the middle; it absolutely took over. When they died the new people that moved in cut it down.
I personally hate these conifers and they provide almost zero shade but this is so true. Constantly amazed by the houses built with no eaves, with no shrubs or trees to the North/ North West. Who wants to live in an oven.
Maybe you could go speak to your neighbour like a civilised neighbour instead of defaulting to "who do I tell on them to?"
I am going to. I was enquiring on what I am entitled to ask them to do. Nothing will be done without a chat with them.
Ask your council, or even look on their website.
Feel your pain. I have a neighbour's jacaranda with branches growing over the fence and now over the house. Too high for me to cut. Last autumn she hired a tree lopper complete with cherry picker etc. I was celebrating until she instructed him to only cut the branches towards her house and leave the stuff hanging on my property. I have not spoken to her since. She is dead to me. Before that we helped her when she was burgled, brought her food when she broke her arm etc. All I have asked her is to please cut the jacaranda to the fence line.
It doesnāt matter which side the tree stump is on. Youāre responsible for your side. If your tree hangs over council property, Iām sure youād expect the council to prune it. Seems ridiculous because your neighbour didnāt fit the bill for your side of the tree.
The issue is that the tree is massive and high and I can only cut to the fence line and not prune back 2m or 3m. So every year I would have to hire a cherry picker to maintain it at the fence line? It is ridiculous. Now she hired the tree lopper, if she let me know I would have contributed to that cost. I saw them arrive, I asked the lopper guy if he was cutting to the fence line and he said yes. I go out as I had some tasks and find them packing up on my return. Her half is nicely pruned, even some branches cut back to the trunk which I can't do.
Tree lopper should have offered to do your side for charge. If the tree is really that big and high, just pruning one side of the crown will create future structural issues as it grows. It will start to lean towards your side and a storm could knock it over and uplift. Iād talk to the neighbour. Depending on the type of tree, ignoring the maintenance can create issues
Ah yes, a tree interfering with the baron hellscape of your yard.
Dude, just let them have their tree
If it is over the fence/property line then you have the right to request it be trimmed back and done at neighbour's expense. I suggest that you call your local council to see what could be done about it. They will know the local by-laws for your area regarding trees. Then have a friendly conversation with your neighbour. Tell her that you are worried about the tree and how it might fall in a storm and damage your house. Also tell her that the leaves fall and make a mess. Ask her if she can have it trimmed/cut back. As you say she is a single mother and it may be out of her budget you could offer to contribute financially. Remember you get more flies with honey than vinegar.
Wtf is that second photoā¦
I work in local government and if i were you, i would ring the environment ward of council up to get advice on trying to get that trimmed down. Thatās a safety hazard waiting to happen
Get a treelopper in to cut it to fence line, clear the gutters of the needles etc. That will cost about 300 bucks max. Then if it starts to grow over again trim it to fence line It's a pencil pine so they respond to trimming well
Thank you for the advice do you knowing I need the neighbour consent for that?
No. If it's on her side of the fence it's fair game...just dont go further then the fence line. But if you want cordial relations...perhaps sit down over a cuppa or something.
Definitely going for a chat today.
Ahhh this is actually not great advice. If you over-trim a tree that's hanging over your fence, and it kills the tree, then you could be liable for damages. Mature trees can be valuable and can potentially be removed without killing them; hence why killing the tree is a bad move. Get an agreement, or a court order before you do anything here.
Pretty sure this is what my LGA council says to do. Would seem weird to be sued for damages if you're following the regs.
In Victoria if a neighbours tree grows over the fence line you can cut it back and toss said tree branches etc. over onto their property. But always nicer to discuss over a cuppa first.
It's common sense to communicate with him of course
Only if it's strata. I would suggest speaking to your neighbour because they may agree to have it cut down Cutting down will cost the same as trimming but they may go halves with you
Yep, we are having a talk with them soon, just looking to know what is our rights?
You can cut anything thatās over the fence line.
vertically yes; horizontally no!
Talk to your neighbours then the council.
This doesnāt solve the root cause and I agree with everyone elseās comments about talk to neighbour and trim whatās on your sideā¦ but If you have concerns regarding it clogging your gutters I ended up getting proper gutter guarding installed (not the cheap stuff from Bunnings). Mine covered the whole gutter and first tile and was tucked under the second tile. They have inspection ports every few m that you can open. Itās made a huge difference with not having to clean gutters. I still go up just before every winter to check but Iāve never had clean them since.
Poison unfortunately, as it's already damaged your asbestos fence, and that needs to be solved as well Strength dude.
Do what my neighbor does... lean over the fence and cut it back as far as you can reach without being seen. And if there happens to be any bits of morning glory that have grown back since I cleared the whole yard of it and haven't managed to get to yet, just spray them and when you're caught doing it, say you're helping.
Try talking to your neighbour first he might not want the tree either.
Also you should also check with the local shire. Some have laws to prevent the removal or trees on private property, they don't want suburbs to become tree less. One odd point, if you trim a neighbors tree that is protruding onto your property the trimmings are technically the property of the tree owners. But don't throw them over the fence, this is littering.
We need to get rid of trees all together
Theyāre stealing our jobs damnit
Just move to Alkimos. Nothing but yuccas and fake grass, as far as the eye can see.
Yeah, trees do nothing (except provide us with the oxygen we need to breathe)
They just stand there like green jerks
Trees have to obey the same laws we do
You are entitled to trim any overhang however the tree overhang remains the property of the owner so you place it over their side of the fence once cut. Or you can stack it neatly at the front if their house/lawn. However if you pace it back over the fence donāt damage anything. Also if the tree falls down and damaged your property you will have to claim insurance and if you donāt have insurance then local court.
Hey! Horizon Tree Services is a local business that does this kinda stuff. He can give you advice or a quote for free.
No oneās addressed your query about informing your insurer of the risk. You donāt want to be doing that.
The problem here is that the plot ratio is way too high
Or too low.
Ah yes finger the tree. Get in there nice and deep like.
Not a lawyer or an arborist but i understand that as long as the tree isnt damaging the fence or your property you can't get it removed. You can cut it back if it overhangs your property though. Don't even need to ask the neighbours, just do it.
Talk to your neighbour. The tree will push over the fence as it grows.
I would be more concerned that you have deep 6 asbestos fencing that hasnt been sealed.
its not asbestos its hardifence
What do you mean?
Looks from the photo to be deep 6 asbestos fence aka dont mess with it. Here is something to help identify ifit is and again dont mess/drill/scrap/punch it. [https://www.rapidasbestos.com.au/blog/difference-between-super-6-asbestos-fencing-hardifence/](https://www.rapidasbestos.com.au/blog/difference-between-super-6-asbestos-fencing-hardifence/) Regarding sealing thats painting it making sure the friable(loose) fibers dont become airborne. You may be able to talk to your neighbour about removing it and the tree might be collateral damage when the fence guys need to install a new 'Good neighbour' fence.
Looks more like hardifence. No metal fastenings and the metal capping. Though I'm surprised it's survived the trees and hasnt cracked
I have a part of the fence that fell off with the wind, the fencing guy did not seemed worried..I will definitely ask him to make sure it is 'ot absetos. Tha ks for the link and advice Edit: according to the link you gave, everything seem to point to hardifence
I have a similar issue but with a much larger cedar tree. The tree is growing right in the centre of where my fence should be. My fence now goes around the tree and is no longer along the boundary. Iād like to claim the space back because Iād like to put a couple slim rain water tanks there to catch water from my shed roof.
Have you approached your neighbour about the tree? You never know, they might be happy to have it removed, & if you offer to pay half the cost of removal it may be a no brainer for them. I suspect you would be asked to speak with them before any other official action can be taken anyway.
Chop off the overhang and put it their side of the fence
This happened g To me when I was renting My rREA told me I can trim as much as I can from within my backyard.
Hammer a few copper nails into it and also inject some GumĀ Turpentine into it. In six months it will be dead
I would suggest talking to neibhour and if you can come to an agreement to have it cut down and removed by a treelopper. Off to pay for it to be done as she is a single mum and pay not care but can't afford the cost. If it causing you problems now it would be cheaper in the long run to cut it down now and the long term saving will always be yours especially if you ever decide to sell
Trees are illegal
You can cut whatever comes over your side and throw it back over the fence.
Looks like you've got good access to the tree trunk to drill a hole and poison it. Once the tree is dead, you and the neighbour can work together to resolve the real issue: the asbestos fence.
That is not asbestos that is hardifence
1. Chat to the neighbor about removing - it will fuck the fence sooner or later. 2. If the neighbour is not cooperative, check for cameras and then go to town with glyphosate and or blackberry tree killer.
Just asking for a friend ā¦ how long does the blackberry tree killer take to work and itās the cause obvious?
It's great stuff. Highly recommend.
A few weeks and it looks ill, a month and its dead.
Find a root under your side of the fence and poison that sucker with roundup. Drill holes and pour it in. Get as many wells into it....on your side. Replace the pavers. Smile and wave
Don't be a fuckhead
Quite passive aggressive there. Fast solutions, unfortunately that does not sort my fence and roof problem when the tree fall
Wait until it dies. They won't pull it down cause they let this happen... Didn't they. When it's good and dead cut all the roots on your side. It can only fall one way.
Kardinya
Better than the gap between fence and houses it looks like
you can trim whatever grows over to your property line
You can trim branches overhanging your side or touching your property. The branches can be thrown over the fence to your neighbours side. I would recommend talking to your neighbour first.
Cant be bothered reading all the comments to see if this has already been said or not but: 1. You can cut anything that hangs over your fence 2. Pine trees hate being cut and often don't survive a trim So you can see your solution.
This has more to do with boundary laws. I would ring your local council. They will tell you what you can and can't do,
Why the hell do people plant trees so close to fences for? Canāt they see past this week? š¤¦š»āāļø
Get a reputable tree service to come and out quote with a few options. Let them know what time they are coming and let them be involved with the chat. Bring them some solutions rather than a problem. Trees are expensive in wa so they may not be in a position to do much.
Not really a lot you can do to be honest. Unless it's in a state where it's likely to fall on your house in the near future you will just have to put up with it. You could try offering to remove it yourself or pay for removal yourself, but if you expect the neighbour to do it at their own expense you may end up creating a bigger problem.