problem with a tree in my garden

I hate trees near houses.
If they are going to pay for it, I'd let them. if they wont pay and it doesn't bother your tenants (or yourself), its just an added cost you don't need.

 

A lot more diplomatic than the message I got!
My neighbor sent me a text to say the guy over the back wants to talk about the large gum in the corner of my yard. Sure I said, give him my number.

Next minute there is a long, legally threatening voice mail on my phone threatening to take me to court over loss of net rental income, damage to the house he built under the tree in the last 18 months, bills for cleaning the gutters, water damage to the property due to the soakwell being clogged with my leaves UNLESS I do something about the tree.

I was flying home to my wife and kids at the time so it is a day of travel and thought I would respond when I got home. By there were about 4 missed phone calls from this guy in 2 hours.

Then this text message came through...


"Important Message:

Mr First Middle LastName.

Residential address
My residential address
Suburb WA 6170
Mobile: My mobile number

Owner of residential property *Rental address* WA 6057


Please read and take note of the below, worth keeping in mind I am very au fait with the law due to occupation.

My name is John,

I have actively tried to make contact with you, I have left a voice mail and tried to call on several occasions.

I am the owner of a newly built property in High Wycombe. It has become apparent not just by myself but other neighbours that you have not kept up with your obligations and responsibility as the owner of *rental address*, with respect to the very large and unsafe Tree at the back of the above mentioned property. Namely your property.

The facts and current situation are as follows.

Pending your response I am providing this initial opportunity for you to resolve and rectify this matter by You arranging for this tree to be cut back to a safe standard, safe meaning not ( 1 ) single part of this tree hanging over my property. This is in fact your legal obligation, and this is recognised by the law and courts of Western Australia.

This Tree has already caused damage to my property, a Vehicle, the roof, and gutters and is causing overflow to my main Soak-well. So you can imagine I am not taking this matter lightly in any respects.

I have engaged in legal advice pertaining to this particular matter, In addition engaged with the local council fire chief. From all advice obtained, all parties agree this particular Tree is deemed unsafe to my property on a number of breeches, health and safety and fire threat to name a few. It has also been clarified by law You as the owner are liable for any damage or loss of monies endured by myself related to this matter.

From the legal stand point, and as a matter of law I am entitled to claim from You the (owner) any costs associated,and you must pay any past present and future works"

So I put the kids to bed and called him back. I told him I did not appreciate the legal threats, but the tree is mine and I am prepared to look at it and invited him to meet me at the property to discuss what we can do to remove it. Strategically its a very hard gum to remove and will require access from multiple properties. We went around in circles for a while and he was saying he had to take the legal path because he has tried to contact me before. Apparently he told my tenant but no message was past onto me (I just evicted him over non-payment). I told him until he's spoken to me directly, he has not spoken to me and not to presume he can rely on the integrity of tenants especially those that owe around $4000.

So back and forth we danced and I eventually got him to reluctantly meet me at the property at 5pm when he knocks off work. So I thought... after making the 45min drive to meet him, he rang me at 5 past 5 to tell me he had to do a double shift. I told him I was flexible and could meet any day over the next 2 weeks. All he has to do is text me and I will be there within 40 minutes.

"It just won't achieve anything, the fact of the matter is it's your tree and it's doing damage to my property and it's your responsibility"

He's sent me a text of a quote he got to remove the branch overhanging him. It is $2300 but to remove the tree will require a tree climber and will cost somewhere in the vacinity of $5,000. He also asked "Let me know what time frame you expect to have he works completed"

He also keeps insinuating he is a cop or something "I am very au fait with the law because of my job" and when I said I can wait around until he finishes work he said "Oh no no, the last thing you want is me turning up in my uniform"

I'll be waiting for him to take it to court PURELY so I can meet him. I just want to know who this person is that wont tell me his last name, what he does for a living as he says it's not relivant. He knows all my details including where I work because I have always been open and honest to the other neighbors. Never talked to him though as his block isn't even adjoining mine. Its almost diagonally connected but his property ends and there is 2 meters or so before mine starts on the opposite side. It overlaps, like my back fence adjoins 2 properties, and each of those back fences adjoins 2 properties.

So I await my date in court if he pushes it. I might lose out big time, damages, + court costs but he's got to come out of hiding first. Besides, to say he lost 2 tenants because of twigs falling on his roof is a very long push up a steep hill.

 

He also made some outrageous claims like he had a 12kg branch come down in his yard....
Attached is the picture of the said 12kg branch. Keep in mind, 12kg is about 6x2ltr bottles of milk!!

 

@redchair he's certainly throwing all sorts of claims about but most of it does sound like ********. I would ring your local council to get some advice but I don't believe you really need to do anything. He is entitled to cut any limbs off that hang over his property if he wishes.

I'm not a lawyer or pushy person in a uniform

He probably is a mall cop

 

Yeah I was thinking mall cop too. I doubt he even rent's that house out as the phone line is in his name. I found his last name on the quote that he sent me.
I did email the local council for advice. I would hate to think it has a preservation order or something on it. It does entertain some beautiful birds throughout the year.

When he said I wouldn't want him rocking up in uniform I asked him if he was a rodeo clown or something haha.

 

Keep in mind if the neighbour decides to cut off branches and dump them on your side of the fence, the tenant will probably complain due to insufficient space in the bin for the waste branches. Then you will be paying a gardener hours and tip entry fees to dispose of the waste each time the neighbour choses to cut and throw branches.

 

That bit I can live with.
Actually all of it I can live with. If this guy was more diplomatic and came to me and said "Mate, that tree is causing me a bit of grief could we do something about it?" Yep I would bend over backwards. I have bent over backwards for the neighbors of that property repetitively in order to maintain good relationships. I didn't appreciate his tone, and when I tried to reason with him... he was very stubbon and remained threatening.

 

Wow! What a guy!
Best to start planting more trees for him, plus petition to the immediate neighbour's for council to start planting more large native trees

 

Doesn't sound like the sharpest tool in the box, does he? Not amusing though really as he may be prone to erratic behaviours. Great that you have a record of his threats.. If he can afford to build a new house he can more than likely afford to cut back the tree a bit if you both agree.

 

Talk to your local police station if he's threatening you with a uniform. That's actually an offence as there is intent to cause fear in you from the way i see it.

 

My tree overhangs the boundaries. Neighbours sought consent to trim as it was touching their eaves (needed about 6m cut back to a fork in the branch).

Cost me nothing (not even disposal).

 

Hi wylie,
I'm not "au fait" with the law in this regard. I'm doing lots of reading though.

I'm in W.A. so if anyone could point me in the right direction that'll be awesome.

I was under the impression that I'm legally obliged to trim the tree, because that feels like the right thing to do and I dont mind. It was just his attitude and aggression that makes me want to take my time and follow all due diligence. His legal threats and not being willing to meet me face to face to talk about it like adults makes me want to drag my feet to court and see what he is made of.

All I can seem to find is open comments like "you should try resolve it with your neighbor" and "decide who will pay what before the work is commenced".

also if a resolution can not be found that mediation services should be used.

We'll that'll do me. if we go to mediation he's got to come meet me face to face and I think that'll just kill him. if he refuses mediation it would only help me I suspect.

I think he was going to just do it himself, hence why he had a quote. But $2300 for a trim was too steep for him so he decided to try and shock me into paying for it?

Whatever, if he came to me nice and civil it would probably be done by now. I'll ignore him now until he makes another move.

 

@redchair I did a quick google and he might have a leg to stand on if this fact sheet from City of Cockburn is correct
http://www.cockburn.wa.gov.au/docum...Parks/FAQ_Sheet_Trees_on_Private_Property.pdf

 

Hi Westminster,
Thanks for doing a bit of research for me. Much appreciated.
I did find that same text elsewhere on the interwebs. I think most of the councils all get their info from the same place and just cut/paste.

I guess my argument is apart from the cleaning of the gutters possibly, the rest of the claims are pipe dreams. For instance, he claims he's lost 2 tenants because of the branches falling on the roof but how do you prove that? Maybe his asking rent was WAY too high and that was used as an excuse? Maybe they got sick of hearing what they were legally obliged to do as tenants and how he would take them to court if they didn't comply? Anyway, he told me he has "slept in that room and heard how loud it is first hand" and as stated before the phone line is in his name. I would like to ask him if it's an IP or his PPOR in front of a magistrate and see what he says.

 

Maybe he rents out rooms in his house? He sounds like a fruitcake anyway.

 

You are not allowed to unbalance a tree.
Everyone knows your within your rights to trim and toss back the limbs, prunings etc ( not nice though, i keep them as valuable compost at my place).
Most people dont realise however this can unbalance the tree and cause it to fall and insurance wont pay. Lopping heavy limbs on one side of a tree is looking for trouble. Doubly so in sandy soils like WA.

 

@redchair wow, what a clown?!

I take it you've probably already seen these links?
Citizens Advice Bureau - Overhanging Branches
Dividing fences and other boundary issues

I'd call local council, rather than email. You're more likely to get a response and a proper answer there and then.

The fact that this guy won't meet you and is being coy about his name/details, while sending you threating legal letters, sounds like he's all huff and puff. If he's got genuine damage claims he needs to be able to back them up. Pruning over his side of the fence is up to him at his cost(pending LGA bylaws).

How about a counter-attack and sue him for mental anguish I'm sure you could find an ambulance chaser to help with that!!