In some circumstances, for example, if a dead tree is about to fall, a neighbor can even enter an owner's property to prevent any harm. My son who died at the age of 40, and I, planted the tree together. Hello, My next doors neighbour had 19 conifer trees running along the retaining wall that have damaged the joining retaining wall and fence. What can I do if my neighbour’s tree drops branches into my backyard some of the time and drops berries, fruit, twigs and leaves which need sweeping all of the time? You can contact your Council to find this out. This can include an order: Hello. The tree/hedge must be on private property in an urban zone. The NSW State Library has published an easy to understand guide to Neighbours and the law.The guide covers different neighbourhood issues and disputes including: dividing fences, retaining walls, overhanging branches, animals and noise. • Conflicts relating to private trees tied up resources of local councils, chamber magistrates, members of Parliament, legal aid and the police. Recently we were engaged by a homeowner to claim costs from their neighbour arising from a dispute about a tree causing damage to our client's sewerage line. She states she can't see around our tree; even reported us to L&I numerous times, but they declared the tree is in no violation to Phila. but also a sentimental one. The tree is protected and anyone found to be killing it could face a fine of up to £20,000. Legal action. To actively resolve disputes in a way that is fair, just, accessible, quick and inexpensive. What can I do if my neighbour has planted a tree hedge which blocks sunlight on my solar panels, my windows, interferes with my TV reception and my beautiful views? My neighbour poisoned my olive tree that is at least 50 years old. a neighbour’s tree, the local council’s Tree Preservation Order required that person to get permission from the tree owner. Firstly, the affected neighbour needs to determine whether the tree or hedge impacting them is eligible to be claimed through the Trees (Disputes Between Neighbours) Act 2006 (Trees Act). However, professional tree surgeons and tree pruners can be expensive. Winter rains and strong winds can often result in fallen trees and associated damage. In the case of overhanging branches on rental property, the neighbour is the occupier’s landlord. They have since been removed after I brought it to his notice with photo proof, all the trees were removed and roots poisoned. If a tree on your neighbour’s land is causing issues, the best first step is to talk to your neighbour about it. A stamped copy of the application needs to be served on the neighbour on whose land the tree or hedge is situated and the local council. I provided him quotes and he is saying that it is too expensive and he just wants my tree … If a neighbour’s trees are overhanging your fence or if the roots are intruding onto your property in such a way that there is an ongoing, unreasonable interference with your enjoyment of your property, then the law says this is a “nuisance”. In urban and suburban areas trees can often be the subject of a problem between neighbours. I would imagine the oppourtunity to meet half way was destroyed when the neighbor damaged the tree behind your back. You can appeal to the Council to review the decision. you could ask your neighbour to cut back the branches, rather than doing it yourself. The Nolo book Neighbor Law, by Cora Jordan and Emily Doskow, provides extensive advice on tree-related law and liability issues involving invading branches, damage from an unsound tree, boundary trees, and more, including how mediation or small claims court can help resolve tree disputes. If the tree-keeper does not respond to the notice, the neighbour can proceed to have the lopping done and recover from the tree-keeper a maximum sum of $300 (s 58 Neighbourhood Disputes Act). He has admitted to poisoning it. The Land and Environment Court will provide an order which must be actioned by the neighbour causing the impact. My neighbours have a massive tree in their garden which blocks out all the light to my garden. Hopefully, it doesn’t come to this but if your neighbour does not agree nor wants their tree pruning you will need to file a complaint with your local council disputes tribunal. The hedge is severely obstructing sunlight or a view to a window of an adjoining home. In most cases, the council informs your neighbour that you will be carrying out the work on X date ad you just go ahead and do the work yourself get a professional in. He complained about our mulberry tree saying the possums & fruit bats come and eat the mulberry's and keep him awake at night, he even offered to come cut it down for us. If the neighbour's tree has caused damage to your property - such as lifted concrete driveways, damaged foundations or branches that have destroyed your roof. Legal action. He was at first cooperative, saying for me to get quotes to get the matter fixed. A neighbor poisoned a tree on my property. The Court is able to waive this requirement if it thinks that it isappropriate in the circumstances(18). Removing and Pruning Trees When there is no tree preservation order. The tree is 24 years old and is a Tortured Willow. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. It wasn’t until my friend helping me cut it out with a chainsaw, we noticed a section of the tree had what appears to be a hole drilled in the side, and a plastic bag stuffed inside it. This includes, cutting down, topping, lopping, removing, ringbarking or causing any damage to a tree whether directly or indirectly. you could get a professional to do the work, pruning can be dangerous and permanent damage - to you and the tree - can occur if it is not done properly. Seemed like it was set up for a slow drain into the tree. The tree/hedge must be on private property in an urban zone. Hopefully, it doesn’t come to this but if your neighbour does not agree nor wants their tree pruning you will need to file a complaint with your local council disputes tribunal. The more I think about it, the more I suspect foul play, especially considering: She had been asking us to remove the tree for a couple of years. Don't throw such things back over the fence, they should be placed neatly on an agreed site to stop any ill feeling between the parties. Your best option is to try and reach an agreement with your neighbour about what should be done before lopping offending trees. The tree/hedge must be on private property in an urban zone. Don’t grab the axe just yet. The person making the claim must be the owner or occupier of the land that adjoins the land on which the tree or hedge is situated. posted by jeanmari at 8:49 AM on April 17, 2005 . ... NSW: Tree and plant disputes. My neighbour is poisoning my trees. This may not have been forthcoming. Talk to your neighbour and ask your neighbour to lodge an application to council to assess the tree for pruning or removal. If necessary, you can sue to enforce your rights. Assessment of the tree pruning or removal needs to come from the property owner that the tree is on. As my tree was in place before a pool was built in 'huge branch' neighbours property, I was concerned that the pool may be damaged by the roots. This is for trees that do not require a permit from the council. QCAT can make different orders depending on your particular situation. It may be wise to check that the tree you are planting will not damage water or sewerage pipes because of the tree's root system. law. If someone damages or destroys your tree, you can recover for the amount of your actual loss due to the injury or destruction of the tree. The next step is to apply to the Local or Magistrates Court for an order requiring your neighbour to remove the tree. The CJC is a government funded organisation designed to assist people to resolve their problems by mediation. You do not need a dividing fence if neither you nor your neighbour wants one. The person making the claim must be the owner or occupier of the land that adjoins the land on which the tree or hedge is situated. I have a tree on my side of the fence. This websit has ceased to function however it still exists in The Wayback Machine web archive and that is what is linked to below. Q: My neighbour's tree overhangs my fence and it is so large that it cuts out the light from a large area of my small garden. However, if you can establish a "tree watch" (and avoid involving other neighbors), you might be able to capture the data that will help to build a case. Check the grass, plants and trees growing near the affected tree to see if they also show signs of being poisoned. Points to consider: What if the Council does not grant the application to prune or remove a protected tree? Answer: Trees can be a common cause of disputes between neighbours. but also a sentimental one. I need some help to determine if my neighbor is trying to kill the elm tree in my yard or if it's something natural occurring and hopefully, either way I can do something to save it. My tree looks very dry and the leaves are brown.How can i test if it is poisoned. The fact they are showing evidence of rotting is even more pathetic. Check the grass, plants and trees growing near the affected tree to see if they also show signs of being poisoned. They have been cutting branches of without even asking. A trained mediator will meet with you and your neighbour to discuss the problem and help you to resolve it. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 provides new options for resolving tree and dividing fence disputes between neighbours on adjoining properties.. Are all trees covered by the Neighbourhood Dispute Resolution Act 2011?. Approach your neighbour in writing addressing the above concerns regarding the damage, danger or obstruction and work through them from there. The tree is protected and anyone found to be killing it could face a fine of up to £20,000. An old tree in my backyard died recently, which at the time I thought nothing of. Tree in good shape. In NSW, if your neighbor tree grown over to your side you can trim it, but if it is still on their land only then you will have to talk to them. What can I do to try to resolve the problem? QCAT (Queensland Civil and Administrative Tribunal) Tree disputes Please don't say "Try talking to the Neighbours" because I've already tried that and they are a pair ***** assholes who refuse to do anything about it. A trained mediator will meet with you and your neighbour to discuss the problem and help you to resolve it. The tree/hedge must be on the land adjoining the affected neighbour’s property. If poison, such as petrol, has been poured on the ground around a tree, then it is very likely that nearby plants and trees are also suffering. ... NSW: Tree and plant disputes. If they too are dying, then chemicals may have been poured into the soil around the tree. I am quite sad about the situation. The tree/hedge must be on the land adjoining the affected neighbour’s property. I need help with regards to my neighbour who I suspect of killing all my trees in my backyard with some sort of poison. He was at first cooperative, saying for me to get quotes to get the matter fixed. What can I do if my neighbour has planted a tree hedge which blocks sunlight on my solar panels, my windows, interferes with my TV reception and my beautiful views? . The service provided is free. Overall, the best advice we can offer anyone is going about it the old-fashioned way by getting to know your neighbours and establish a good relationship so you can openly talk about any worries when they arise. My tree looks very dry and the leaves are brown.How can i test if it is poisoned. One common cause of neighbourly disputes that we seem to provide a lot of advice about concerns the trees and hedges that can impact adjoining properties. However, dealing with a neighbour can lead to difficulties in deciding what should be done and who should pay for it. 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