Neighbour wants me to cut down these trees

Hello everyone,

Just wanting your advice, opinion or experience on the matter but my neighbour in Brisbane wants me to cut down these two trees so that he can go ahead with knocking down his house (house on the left) to build a two storey house.

I'm not sure how messy this can go if I say no but what was everyone's thoughts.

Thanks!

 

Why will chopping down trees on your block allow the neighbour to build?

There's nothing in it for you other than reduction of privacy, loss of shade/amenity etc.

 

My neighbour sent over the proposed development document that had arrows that suggested that the owner of the trees needed removal prior to construction. That was about it really

 

The neighbor on the left has the rights to "trim" the tree in line with his fenceline from the ground "up to the sky".

So without your permission they can already trim the trees "growing on your property".

Obviously....their builder would prefer the trees are removed entirely for space/access. Its up to you how nice a neighbor you want to be.

 

If the trees are on your property, there is nothing he can do to force you to cut them down.

It may be he wants them cut down because having them there means his slab needs to take account of the roots - which can be a bit more expensive. Or because he will need to protect them during the co struction.

I don’t believe they have the right to trim the trees excessively so the tree is damaged and perhaps even dies - even if some branches are on their side.

From the photo, it looks like the branches don’t actually spread very far.

 

I would be sure to let them know by email if you want the trees left untouched.

 

QLD legislation saying you do
- What to do if a neighbour's tree is affecting you | Your rights, crime and the law | Queensland Government

NSW legislation saying the same (with some restrictions around tree preservation orders)
- Trees and plants

Victoria
- Trees | Dispute Settlement Centre of Victoria

 

According to my reading of the links:
In QLD: you don’t have a right to prune branches more than 2.5m above the ground. This needs a QCAT order and the list of possible valid reasons isn’t very long!

In NSW: what you can do depends on the TPO of the relevant Council.

 

Get them to pay for the removal of the trees. You can always replant

 

Thats what the neighbours did at mums place.
He wanted to build so asked mum if he paid for trees t9 be cut down as all his expence and she kept the wood and she said yess.
Cost time 3500 lol
Then council rejected the plans lol

 

Looks pretty messy with the trees right on the boundary....
It might be a win/win if the neighbour removes the tree at their cost and puts up a high fence to maintain some privacy if there is a 2 story development proposed.....
My 2c....

 

If they want the trees down to build what they want you can sorts dictate some turms.
Like a higher fence
Or fruit trees to replace what they cut down
Etc.

 

At their cost .

Depending on where you in NSW over a certain size need council approval and a good reason to do it and making a proposed development possible isn’t always considered a good reason .

Cliff

 

Whatever you decide I'd be making sure you're not out of pocket even 1 cent.

I'm sure if they don't want any major delays they'll foot the bill. Plus your replanting bill. Don't let the builder or owner bully you .

 

Haha thanks guys,

It would pain my heart if for some reason I needed to pay for this.

I'll have to ask what his plan was for the fence if this was to go ahead. Loss of privacy on my part would occur since he would have more chance to see into my side of the property.

 

If you want to do this (because you don’t have to) the very least you should expect is that he covers all costs - including the costs of reasonably mature replacement trees.

 

Hi Wylie,

My fault, I meant to say I should ask about the fence situation if any as he is planning to build a two storey house and that alone will allow less privacy through the windows inside my house and also into the backyard.

 

Also any recommendations for a nice tree? Would I need approval if I were to place it somewhere at the front/side of the house again ?

 

He’ll need to comply with ‘overlooking’ provisions (e.g. obscure glass, high windows etc) so privacy in your habitable rooms and private open space is not unduly affected. Ask council if unsure about this.