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Major neighbour's Tree problems

Discussion in 'Repairs & Maintenance' started by PatsyStone, 18th Jan, 2016.

  1. PatsyStone

    PatsyStone Well-Known Member

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    Location:
    Gold Coast
    I'm lucky to have one of those difficult , impossible tree neighbours.
    He is on my back boundary and his troublesome trees are along the fence line. I'm not sure which owner planted them.
    He has 2 trees obstructing my ocean view. He claims they are natives and cannot be removed.
    He has also planted a row of what I think are Lilly Pilly along the fence line that are quickly growing and will also eventually obstruct my view.
    In the past , most years I have had to get tree loppers in to cut back my trees .
    I always text him and request that I cut back his trees to be able to regain my view.
    He gives me a hard time. Takes weeks to reply etc .
    Last time he claimed the loppers stole or destroyed a valuable water plant in a pond near his fence ( I never knew it was there) . I asked the tree guy to sort it with him. The tree biz guy said he won't work for me again due to
    My difficult neighbour.
    My property is on a corner and the trees provide wonderful privacy.
    His trees are growing large and fast. I want them out!
    I cannot afford to keep paying to have them lopped.
    I don't want to deal wit him each time, it's very stressful.
    His trees are depreciating the value of my property and destroying my ambience . When I live there I love watching the ships sail by.
    I bought this particular block for the view and paid more for it. Previous owners were very reasonable.
    I have lost his phone number .
    It's time to deal with the issue and try to resolve it once and for all.
    I so don't want to go down the legal solicitor path but this guy is very unreasonable .
    Any ideas or information ?
    Cheers
     
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  2. Jess Peletier

    Jess Peletier Mortgage Broker - Australia Wide Business Member

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    You can't own a view, so unfortunately if he wants to grow his trees, he can.
     
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  3. D.T.

    D.T. Adelaide Property Manager Business Member

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    Too bad I'm sorry.
     
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  4. Marg4000

    Marg4000 Well-Known Member

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    Why should HE cut back his trees just because YOU want him to?
    Marg
     
  5. neK

    neK Well-Known Member

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    buy him out :)
     
  6. HD_ACE

    HD_ACE Game-Changer Premium Member

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    Step 1: Wait for a fairly big storm.
    Step 2: Hire a 10 Tonne excavator that day.
    Step 3: When the clock strikes midnight, push or pull the trees out of the ground.
    Step 4: Cover your tracks and return the excavator before dawn.
    Step 5: Plead ignorant and enjoy a cuppa and the view.
     
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  7. SerenityNow

    SerenityNow Well-Known Member

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    And repeat.

    Or send him interstate tickets in the mail, with a letter that says, "Congratulations on your win!"
    Once he's out of the picture, you or the bikies you hire, can do as you please.
     
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  8. Ian Macleod

    Ian Macleod Active Member Premium Member

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    I have heard of unsavory people drilling very small holes in someone elses trees and injecting them with round up. You might want to check with you local council on this but I'm pretty sure it is illegal if not frowned upon. :rolleyes:
     
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  9. vtt

    vtt Well-Known Member

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    Unfortunately Patsy I think he probably feels the same way about you.

    Having said that I'm sure there is a precedent in this. Were the 2 trees there when you purchased? Were they obstructing the view at the time you purchased? Do you have photo evidence?

    As for the Lilly Pilly - when were they planted? Did you own the property before they were planted?

    Do not even toy with the idea of poisoning the tree/s. If you are caught then you can be prosecuted.
     
  10. Azazel

    Azazel Well-Known Member

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  11. vtt

    vtt Well-Known Member

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    That's the case I was thinking of too @Azazel - I remember seeing something about the legal costs that were involved in this dispute which were lingering near six figures.

    If the trees are obstructing a view that impacts the value of your property by half a million dollars then throwing $100K at it is still probably a good ROI :)
     
  12. PatsyStone

    PatsyStone Well-Known Member

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    No the trees were not on the property when I purchased my land . I was the first to build in that section of the estate.
    I have many photos pre trees.
    Why would he cut them ? To be fair that's why.
    His backyard is very narrow .
    It makes no sense to have large trees in a small area up against his house .
    He can't see the top of them unless he ventures into my yard!
    They are of no use to
    Him being this tall . No Doubt cause gutter problems . One day when they fall onto his roof he might pull them out .
    The previous owners considered my problem . They permitted me to cut their tress back each time I had mine lopped.
    I have no idea who planted them might have been the developer.
    They wanted to build higher ... Higher than restricted height. Myself and neighbour blocked this via the council . They might have been pissed enough to plant the trees knowing it would cause future obstructions.
    I have never asked him to trim or cut them. I simply request if I can .
    I have never had an argument or dispute with him.
    I would not dream of doing anything illegal.
    To my knowledge he has for a long time rented the house out.
    Cheers
     
  13. wylie

    wylie Moderator Staff Member

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    I think that is the crux of the matter.
     
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  14. Biz

    Biz Well-Known Member

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    You can only hope Patsy. I'm with you, I hate Treetard neighbours. If it is growing on your side of the fence bloody control it!!! Last year I had to spend $4400 relining a sewer pipe because of neighbours tree roots causing damage, the had to cut a neighbours tree back at my cost because I was worried it would cause damage to our property because a branch had fallen and crushed part of a colourbond fence - $1500. Just last week one of my own tree fell on our garage (this is for an IP) caused damage and now the whole tree needs to go because it is unstable - $3000 to remove tree and fix damage to garage, insurance should cover all this hopefully. Another IP I need to remove a tree because it is 12 meters from the house but the roots have arrived at the back verandah looking for water, plus some palms pushing a fence over need to go - $1500. Another palm on an IP needed to go - $500.

    So just over a 12 month period over 10k in bills because of trees! Ok some were on my properties but still...people underestimate the damage they cause.
     
  15. Azazel

    Azazel Well-Known Member

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    Yeah, I reckon it's worth doing as much as you can before you have to start paying a lawyer.
    The link had a fair amount of information, worth contacting the council.
     
  16. BigKahuna

    BigKahuna Well-Known Member

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    Hi @PatsyStone. I think you know the answer: it's payback for your blocking his double storey. I have just built a solar passive home. A young couple has just bought next door. They planted 9 silver birches hard up against the fence. I wrote to them saying that in no time the trees would destroy our shared fence. The wife came over saying that they'd been told that silver birches grow only to a few metres (which they don't). They have pulled down six of them; another three remain.
     
  17. vtt

    vtt Well-Known Member

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    Patsy I think it's possible that you may have a case though it could be an ugly and rocky journey to get a resolution.

    You mentioned that you have a view, is this from an upper level of your house? Was this level already built before the trees were planted in your neighbour's yard?

    Are you offering to pay for the tree trimming? I would advise that rather than texting him you have a face to face conversation, find out what his issues are and why he's not amenable to your request.

    Good luck!
     
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  18. Ouga

    Ouga Well-Known Member

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    "Trying is the first step towards failure" Homer
    I feel sorry for you mate, having inconsiderate neighbours really suck.
    You mentioned they are renting the house - perhaps you could contact the owner about it?
    You also mentioned the trees are planted close to their house - depending on the kind of trees, there could be a risk of roots damaging the house? That might motivate the owners of the property to do something about it?

    In the end there is not much you can do - the legal avenue based on views seem very hard...

    Let us know what happens and good luck.
     
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  19. Ouga

    Ouga Well-Known Member

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    "Trying is the first step towards failure" Homer
    Or maybe I did not understand this right: you are talking to the owner, but he does not reside there and rents the house out?
    In previous years, when you got your trees lopped, I assume they also lopped your neighbours trees when you asked them - did they have to go on his property to do that?

    What would happen if your guys where to lop the whole lot (provided it can all be done from your side), would the tenants care at all? How much do they get lopped by? If the tenants don't care, and it can be accessed from your side, perhaps you could get your guys to lop the whole lot provided it's not by a too obvious amount? If the guys come do it a couple/few times a year to keep it always at the same height, it would not be obvious?
    It would be illegal (so this is not advice), but perhaps no harm done? Really depends on the configuration of your yards and trees and all.
     
  20. Bullion Baron

    Bullion Baron Well-Known Member

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    Can you get permission from him to lop the trees over the long term instead of asking every time? Why not ask him if you can schedule the trim every 6/9/12 months? That way you don't have to keep dealing with him.