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Fence / Tree dispute

Discussion in 'Legal Issues' started by R377, 19th Jul, 2016.

  1. R377

    R377 Well-Known Member

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    Next door neighbour's tree are well overgrown and have grown over my fence. With the lean of the trees they have knocked down the fence. He is refusing to pay.....
    SA
     

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  2. EN710

    EN710 Well-Known Member

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    ... Cut whatever part that lean towards your property?
     
  3. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    You are allowed to prune your side to avoid damage to fence too. Its not the neighbours responsibility to prune your side.
     
  4. Marg4000

    Marg4000 Well-Known Member

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    Fence is still there in the photos.
    Cut back the overhanging branches.
    Marg
     
  5. larrylarry

    larrylarry Well-Known Member

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    I would do the following:

    1. Check the type of tree (not on heritage or protected list)
    2. Check with your council re pruning/trimming tree branches (sometimes Council will send an arborist)
    3. If fence is damaged as a result of the tree, then ask neighbour to share the costs of the fence.
    4. If neighbour refuses, take it to next level.
     
  6. Tonibell

    Tonibell Well-Known Member

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    Below is a link to the SA Government Legal Services on this topic.

    Your responsibility to cut back the trees - probably joint responsibility to repair the fence.

    Probably not worth having a major neighbor incident over.

    Trees
     
  7. larrylarry

    larrylarry Well-Known Member

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    That's assuming neighbour is willing to contribute to the installation of new fence. OP already said neighbour is refusing to pay...
     
  8. Biz

    Biz Well-Known Member

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    My favourite type of ********. The neighbor who plants trees on the boundary and then does nothing as they push the fence over. :mad::mad:
     
  9. R377

    R377 Well-Known Member

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    Thanks for feedback. These photos were taken a few months ago. I did email him and he did cut the trees back but just over the years and being planted on a boundary they grew higher, thicker and on a lean right into the fence causing substantial damage to the fence (knocking it down)

    thanks
     
  10. Ed Barton

    Ed Barton Well-Known Member

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    Better than the neighbour who has free range organic termites as pets. :rolleyes:

    There appear to be power lines going over the tree. Can you get the power company to trim and then offer the workers a case of beer to completely trim the tree on the day they arrive?
     
    JacM and wylie like this.