Overhanging trees - what would you do?

One of my QLD properties has a few fairly large tree's in the backyard.

A neighbour has complained that one of the trees is overhanging their fence, and has demanded for me to arrange to have it cut right back.

A recent inspection report shows that the tree is slightly overhanging. The photo I have attached is taken from the neighbours side.

I've been told the tree is not the messy kind. It won't constantly drop leaves or branches (and they haven't complained of this).

- It doesn't overshadow their house or solar panels etc.
- It's not causing any damage
- It's certainly not blocking any 'view'

What are your thoughts? I personally don't see any issue with it? Tree lopping isn't cheap (although I have requested, and am waiting on a quote).

 

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

 

so what was their reason other than it overhangs the fence.
is it shadowing their own garden plants.

looks ok to me but it like trees.

 

Thanks. I have read that, and reading the below, it really doesn't 'legally' affect them at all.

What are your thoughts?

 

No reason, other than it overhangs.

 

They can lop off branches overhanging the fence line and drop the trimmings back over your side.

 

I would either ignore them or let them know they are welcome to trim their side (in line with the fence line) if they want - at their cost.

 

Wrong!

In Brisbane, they can send a bill to you: What to do if a neighbour's tree is affecting you | Your rights, crime and the law | Queensland Government

OP didn't mention if the tree leaves mess up neighbour's yard.

 

Seems like the limit though you would be liable for is $300, which is not much

 

I know a guy who had some trees at the back of his property that were hanging slightly over the neighbour's property. Neighbour decided to cut them back while owner was overseas, but did it 2m inside the owner's fence. and even threw the branches back. Ended up in court and cost old mate $47K to replace the trees he had cut back. Owner didn't replace them though, just pocketed the cash.

Tools

 

Note - the link says that ‘This applies only where branches overhang more than 50cm and are less than 2.5m above the ground ...’

The photo posted by the OP looks like the branches might be higher than 2.5m?

 

You can do what one of my neighbors once said to me......

Touch that tree and I will sue you.......

It was touching the TV antenna in middle of my roof, so I decided we were no longer on speaking terms and did as intended

point is.....can you imagine the response if I had of complained and asked them to rectify at their cost.....lol

 

PM has suggested this. Awaiting a reply.

That's what I do every year at my PPOR (except I generally dispose of the cuttings as well).

They are above 2.5m tall.

The fence is 1.8m tall. The trees are taller.

Looking at photos I took when i bought the place 2 years ago.. the tree doesn't look like its grown. It looks like it's been full size for a long time.

I've also now had a neighbour on the other side of the property complain about a tree on their fence line now too. Complaining that its breaking the fence (fence is old and heavily weathered). Their original email to the PM stated that the tree is breaking the fence, but its unlikely to cause any concern for a long time. As soon as I got in direct contact with them, the matter is of utmost urgency.. The photos they provide just aren't consistent with a tree pushing against the fence - a couple of pailings are warping and the nail has corroded. Clear cut weathering issue, but the neighbour won't accept that

I'm starting to wonder if they are just starting complaints for some reason. Maybe they don't like the current tenants and are trying to get attention. I really can't figure these people out - even with direct contact with them. Such petty stuff, all of a sudden.

 

Best get some photo evidence of that second tree and fence combo, it sounds like Neighbour #2 is angling to get a free fence out of you!

 

Could they possibly conspire and plot in such a nice climate ? Surely they are busy enjoying life and chugging down nice food