problem with a tree in my garden

Discussion in 'Repairs & Maintenance' started by ellejay, 6th Dec, 2016.

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  1. ellejay

    ellejay Well-Known Member

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    I'd love some advice on how to respond to this message from the neighbour at one of my ips. The message was sent to me via the agent.

    Dear agent,
    Thank you for meeting with me today about a large tree on the .above property.
    Confirming the points discussed.
    1. The tree is very tall and broad, situated close to the boundary, timber fence and the corner of the said property.
    2. Our property experiences extensive shading from the tree as well as continually falling leaves.
    3. One option for us is cut back all the branches overhanging our property for the full height of the tree. However such action would not only result in a very ugly looking tree, Tree.jpg but would in my opinion
    increase the risk of wind damage and the trees stability.
    4. The purpose of my meeting with you today and the points outlined in this email is to begin some dialogue with the property owner and hopefully some resolution satisfactory to both parties.

    I trust the attached photo gives you some idea of the trees size and location, and now look forward to hearing from you when you have outlined the matter with the property owner.
    Kind Regards,

    I've owned the house for a year and have never seen it. The tree is massive. I'm guessing it needs chopping down, hoping the neighbour would share costs but this is my first tree event :rolleyes: so would be grateful for any thoughts.
     
  2. wylie

    wylie Moderator Staff Member

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    I'd tell the agent if they want to cover the cost of cutting it down you would allow them to do so. My parents paid to have two large trees cut back on an elderley neighbour's yard. It was something the neighbour was happy to have done and paid for and it improved my parents' view. Win/win.

    We want to offer to pay for a tree to be cut down which our neighbour cannot really see but which causes havoc with our pool this time of year. We would not expect him to pay even part cost for something we want.
     
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  3. MTR

    MTR Well-Known Member

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    Similar scenario

    Get quotes to remove tree and negotiate 50% cost each one option

    Get quotes for pruning tree branches shared 50%

    Work out which will be most cost effective over xx years
     
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  4. Propertunity

    Propertunity Well-Known Member

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    Your tree. Your cost. Neighbours could cut overhanging branches on their side at their cost but are legally entitled to dump cuttings onto your property for you to dispose of.
     
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  5. ellejay

    ellejay Well-Known Member

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    Great thanks. The message looked formal. Could be my paranoia but was phrased like the neighbour was going off to the council or something.
     
  6. ellejay

    ellejay Well-Known Member

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    Really? The tree isn't bothering me though. I'm happy to leave it.
     
  7. ellejay

    ellejay Well-Known Member

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    Sounds fair.
     
  8. MTR

    MTR Well-Known Member

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    We hard Norfolk pines and good neighbours always want to keep good relations
     
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  9. Propertunity

    Propertunity Well-Known Member

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    You can keep your tree. You don't have to do anything. As the neighbors point out, they can trim the overhanging branches which in their opinion would make it ugly and possibly unstable. But they can't make you remove it. They know this.

    What you do from here is up to you and how much value you put on good neighbor relationships.
     
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  10. Magnet

    Magnet Well-Known Member

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    Whatever you decide, keep in mind with the tree being so close to the house it's roots may cause significant damage to your plumbing or foundations at some point.
     
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  11. Scott No Mates

    Scott No Mates Well-Known Member

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    @ellejay - we have a little oak tree in our yard which stretches over the boundary frences both sides and towers above the house.

    Neighbours paid to trim the bits over their side of the fence though the arborist needed access to our side to cut branches back to a fork. They even paid for removal & chipping.
     
  12. Joynz

    Joynz Well-Known Member

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    Is the tree to the north of their living room windows? If so, it will provide much needed shade in summer without the use of air conditioning.

    Is it evergreen or deciduous? If deciduous, then will allow sun through in winter when it is needed.

    I would not even consider having the tree cut down in the situation as described. Trees are a valuable asset especially in an era of rising temperatures.

    Maybe thin it out and prune it back a bit with the cost shared.

    I did this with a huge tree on my property and it made a huge difference.

    Councils have rules about how much trees can be pruned and it is very likely that the neighbours would not be allowed to cut off as much as they are threatening.
     
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  13. Depreciator

    Depreciator Well-Known Member

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    Well, that's a nice polite 'tree dispute' letter. Good on them.
    You have not seen the property, let alone the tree, so you are not attached to it.
    Will the removal of the tree have an impact on the amenity of your property? Be guided by the agent.
    If removing the tree will have no impact on your property, let it go - at their 100% cost, of course.
    I'm thinking this is in a rural area? In an urban area the council will likely not allow the removal anyway unless it's damaging a building.
     
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  14. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    As property owner its all your cost and at present the poor tree doesnt seem to be harming a thing.

    At best it could be $1K + for it to be cut down. Stump grinder and cart away extra. And it does not look like a widowmaker so why do it ? Cause they think its ugly ? What next - we dont like the bricks ?

    My guess is council wont permit it cut down OR extensively pruned.
     
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  15. bob shovel

    bob shovel Well-Known Member

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    Is it overhanging your house?

    It's good to keep trees if they are nice ones. So heavily prune would be a good outcome.... at their cost even better :D

    What type of tree is it? This and council will have the main say
     
  16. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    I'd keep the tree - we don't have enough trees and if it's only dropping leaves then I'd tell them to bugger off. I'm sounding like a greeny but honestly all trees drop leaves.

    I would only consider getting rid of the tree IF:
    - the tree is in a totally stupid spot and it's going to damage the fence the way it's growing
    - the tree is sick and dangerous
    - the tree is a type of tree that will invade plumbing
    - the tree is also causing issues on your side
    - the tree roots are moving walls, paving, fencing, retaining etc

    @bob shovel raises a very good point that you aren't allowed to willy nilly get rid of trees in many Council areas.
     
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  17. TadhgMor

    TadhgMor Well-Known Member

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    Given most councils have a policy on what you can and cannot do to trees you really need an inspector to let you know what your options are before any solutions can be thought of.
     
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  18. ellejay

    ellejay Well-Known Member

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    I haven't got a clue. I've never seen the house or the tree. I've got some research to do before I go back to the neighbour. My main issue has been our PM and I don't really have faith in him. He's strangely pro tenant and I wouldn't put it past him to be suggesting to the neighbour that I'll pay to cut down the tree.

    I've given the agent notice today and moving to a different agent in town who I've developed more trust in.
     
  19. ellejay

    ellejay Well-Known Member

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    Thanks Paul. I'll be looking for a compromise and trying to keep me, the council, the neighbour and the tree happy as far as possible.
     
  20. wombat777

    wombat777 Well-Known Member

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    After coming to an agreement, I think you need to sign a treety :p

    ( confession - I've used this pun before )
     
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