If I have a block of land, and there are large v large trees overhanging it from the neighbour, and I don't have bare block insurance and someone trespasses the land despite the gate being locked and fenced block.and a branch falls onto trespasser, who is liable, me or neighbour?
A good question for a solicitor. I would assume that they will say you both could be exposed to a claim but by fencing the land the liability is quite defendable. How would you have been negligent ?
The better question might be 'could i be liable?' and the answer is "if one of your branches fell on me and injured me I would sue you, not the neighbour"
It depends perhaps. I had a strata property with a dead tree next to the foot path. If that fell on a passer by I am sure it would have been negligent. I told the strata manager that much and they had the tree cut down in the next few days. If it is a healthy tree with no signs of falling the chances of losing might be lower, but it won't stop litigation.
Does it mean w shave to write a letter to our neighbour to have the trees cut, what if they refuse to it, can we defence as if we have done our best but just the neighbour refuses to let me cut, or can I cut without their permission as it’s over my land?
Put up a sign. The maintenance of the trees are your neighbour's responsibility as they are on their land. Danger Falling Trees Sign - Falling Trees & Limbs Sign - Aust. Bushfires
What if the neighbour s trees overhang a right of way and the right of way is on your land? And a tree limb falls and hurts someone traveling on the right of way? Danger Falling Trees Sign - Falling Trees & Limbs Sign - Aust. Bushfires[/QUOTE]
I really think you are worrying too much. They are not your trees, your block is fenced and locked and it’s a bare block so why would someone want to break in? if you are still worried, just get vacant block insurance...if it’s a thing in Vic.
