Bordering tree damaging PPOR, neighbour simply ignores me request, what should I do ?

Hi, Need your advice, not sure what to do next.

Neighbour has a massive tree 20 or 30 meters tall on his yard and it is bordering the fence. It has pushed the fence towards my side in a length of 10 meters. It has also dropped branches of 5 to 10 cm diameter onto my yard, nearly hitting my 80 years old parents today. Neighbour's house is a rental property. I have spoken and emailed with the managing agent 3 times and got ignored all the time.

What is the best way from here ? Find a lawyer ? or go to council or simply trimming it and throwing back the branches and leaves ?

 

Give this a read first - Trees and plants | Neighbours and the law and then let us know what specifics you have from there?

 

It is in the agents best interest to contact their clients. Keep ringing them until they take action, the owners need to know.
I would handle this for a client, but if the agent does not want to leave your number so that the owner can contact you directly.

If you are friends with the neighbors, the owners name and address will be on their lease if you want to contact owner directly.

 

Thanks D.T. and Xenia, I will contact agent again to seek owner's details to contact them and see what happens. I have not seen the owners at all since they bought it.

 

Document the times you've called. I'd trim it back to the fence line, but councils have different regulations with this, so document the near miss and take down some branches that are a risk to you.
Keep harassing the pm and also send the info to council that your trying to make contact and its becoming a safety issue

 

You have a legal right to cut the branches hanging over but it must be at your cost and from your property.

My first step is to detail the existing damage and all that follows and write to the owner of same. Make a formal request to have those limbs overhanging removed by the owner giving them a reasonable time period (i.e 28 days).

 

I went through the same thing, i really hate *******s who ignore obvious tree issues. We had trees pushing over a fence and causing major damage to pipes in the ground, cost me $4400 to fix the negligence of others. In the end I was lucky because the house sold and someone with a brain bought it. They are going to cut down the trees pushing over the fence and do a major reno.

When I look into it the only real option to get something done was to take legal action in the land and environment court...$$$$. Council is useless for these issues, they just wash their hands of the matter.

 

Hi kanga, going through the same issue at the minute. I live in a unit. Our strata was unable to make contact with owners of a property. In Canada bay council, no pruning is allowed unless a DA is lodged by the owners and a fee paid.

I called dept of fair trading and they informed that NSW does not maintain a register for stratus managing agents or owners address' . They suggested I knock on door and ask or Google the owners via the agents that sold the place prior.

In the end contact was made. He was lovely and did not want the liability of consequential damage and agreed to the council inspection occurring

 

Check on councils website whether you can trim if so trim it. Take before and after photos. Documentation is important. Phone calls and emails. I previously had someone complaining about my dogs barking when I first moved in. I documentation everything in case I get hauled by council. It's just another ultra sensitive and impatient neighbour.

 

Trees and neighbors car a pesty combo often......it is often the dollars involved, but the councils also have people scared off and some really love trees no matter what.

You may have to do it on your own at own cost, removing dead wood is probably all you need to do, you wont be able to remove a tree due to pushing a fence most likely, council probably expect you to go round it if a significant local species.