Big tree on my yard dropping branches on neighbour

Generally speaking, what's my legal liability here if there's a big tree on my land, but right next to the fence, dropping large branches on the neigbour's yard? In terms of property damage and personal injury? And how does it interact with a typical building insurance policy that has a public liability cover?

 

@scientist, I believe you are covered by insurance but check with your insurance company.

With regards to lopping the tree, that will depend on type of tree, any Council restrictions (such as NALL), ... Best to check with your Council.

 

If you are aware of a problem, most insurance policies stipulate you have an obligation to minimise risk.

Check with your insurance company to confirm cover.

In any case, lopping would be a good idea. If council reluctant, get their refusal in writing, which will prove you tried to solve the problem.
Marg

 

Council would likely approved limb removal or tree removal with evidence of the issue. Photo time.

They often will explain its a healthy tree and shouldn't be trimmed or removed etc but when faced with the choice of being personally liable for negligence they often are encouraged to approve the request. Make sure you are there when they site inspect so you can verbally address that issue.

Many arborists will handle the process or quote so the council knows the species and issue and know how to describe a widow maker (a gum tree)

 

Alternatively, I have a massive gumtree in the neighbour's house overhanging and raining havoc on my IP. I mean who the hell grows gumtrees in their (very small) backyard in an urban, near CBD suburb?

Have no idea what I can do/say to have that tree brought down/severely lopped.

 

In writing using reg post addressed to the owner. Explain your concern about injury, damage, death etc and ask they consider pruning / removing to limit their / your liability risks

 

Lol. Sounds perfect. Think I might type up a letter tonight. Bit concerned about perennially ******* them off though bc we may be moving into that property later this yr.

 

From the perspective of statute law, some state governments have tree dispute legislation. In NSW, you have the Trees (Disputes Between Neighbours) Act 2006.

 

Which basically says little other than providing a possible resolution process for a dispute. Dont assume there is a dispute. And many trees are excluded from some scope of the Act. Eg if you move in after the trees. But common law remedies for negligence remain an avenue to have the risk addressed.

Most people will realise that if they could be held liable they seek to remove the risk before they get sued.

 

You will be liable.

 

Why did Council allow housing so close to a tree?