Should I pay for this?

Quick question,

A Property Manager has asked me to get a tree looper in to trim or cut down a tree which is apparently dead and dropping leaves/ litter into the neighbors.

The neighbour has complained, (not the tenant.)

Am I obligated to pay for this?

This happens at my house and I wouldn’t expect my neighbour to pay for this.

 

If the tree is dead it should be removed.
If it falls, it could injure your tenant.

 

If it is hanging over their side of the fence they are allowed to cut them back themselves.

If your tree isnt causing damage to their yard I wouldn't be advising you to do it. Surely this isn't the first year tjis has happened?

 

Who owns the tree? Whose land

 

No it wouldn’t be a new thing.

The neighbour has their house on the market and is saying the leaves etc are work for them to clean up.

 

If the tree is dead, is it potientially dangerous in anyway? Is it likely to drop branches or collapse in bad weather / high winds, causing damage to tenants, neighbours or property?

If there is any potiential that it may be a danger, then I would absolutely reccomend getting rid of it. You don't the liability of leaving it there.

So maybe don't focus on whether you should do something because it is dropping leaf litter so much; as actually considering whether it could cause a bigger issue. If it were just a leaf litter issue you could always just chop off overhanging branches that cross the boundary.

Sometimes its not so important to ask "do I have to" do something, as looking at the bigger picture and figuring out "should" I do something. Sometimes we should do things that we may or may not have immediate responsibility for.


ETA - you could always 'ask' them if they are willing to split the cost.

 

I would be more worried about liability than obligation.

 

I suppose I need to get a better idea of what it is....

It could be a small shrub dropping a few leaves or it could be a big tree with potential to harm or damage property.

I’ll ask for more detail.

Thanks

 

Also, if it’s dead why are there leaves?

 

If the tree is dead then remove it. It is your responsibility as it on your land.

If the tree is not dead and you don't need to remove it, do nothing. You won't be having any longer term dealings with the neighbours as they are selling and they have no ability to compel you to do anything about a few leaves and bark blowing into their property. They can trim their side at their cost.

 

The tree is probably deciduous

Your neighbors are lazy

Ask the property manager or obtain quotes yourself for removal of dead tree, when the quotes come back that the tree isn't dead don't get it done

Is your property managed by the same agency selling next doors place ???????

 

If it's not dead, then it might be dropping leaves because many different trees do just that at this time of year.

 

Providing it isn't protected and often not more the 10-15%
Also, if a neighbor trims your tree as entitled they are liable to remove and dispose of the trimming (not to just throw them back on your side)

 

I agree with this- bet anything the tree isn't dead and they're just trying to push for removal.

@Darwin55 let us know when you find out what this dead/alive tree/shrub is!

 

Here in NSW I've read many Local & Environment Court decisions where an owner has taken action against a neighbour seeking the removal of a tree which is dropping a lot of leave litter, twigs etc.

Courts will never decide to remove a tree based on this reason alone. Their view is that the aesthetic benefits of trees outweighs the cleaning up of leaves etc.

 

Like many others have said, I agree, if it's dead, get it removed. If it's not, then there's no obligation to remove it if you don't want to, regardless of the neighbours.

 

I’ve emailed asking for more info and pics.

I’ve stated if it’s dead and dangerous or likely to cause damage I’ll pay for it to be removed.

No reply from the PM which is fairly standard for her.....

I’m assuming it is in fact just dropping leaves over the fence.

Thanks for the help