Should I pay for this?

Discussion in 'Property Management' started by Darwin55, 2nd Jun, 2020.

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  1. Darwin55

    Darwin55 Well-Known Member

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    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.
     
    Last edited: 2nd Jun, 2020
  2. Marg4000

    Marg4000 Well-Known Member

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

    Hayley Cannon Well-Known Member

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    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?
     
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  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

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    Who owns the tree? Whose land
     
  5. Darwin55

    Darwin55 Well-Known Member

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    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.
     
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  6. Rugrat

    Rugrat Well-Known Member

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    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.
     
  7. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

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    I would be more worried about liability than obligation.
     
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  8. Darwin55

    Darwin55 Well-Known Member

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    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
     
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  9. Joynz

    Joynz Well-Known Member

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    Also, if it’s dead why are there leaves?
     
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  10. Mark F

    Mark F Well-Known Member

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    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.
     
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  11. Stoffo

    Stoffo Well-Known Member

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    The tree is probably deciduous :D

    Your neighbors are lazy :p

    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 o_O

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

    Angel Well-Known Member Premium Member

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

    Stoffo Well-Known Member

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    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 :p (not to just throw them back on your side)
     
  14. wylie

    wylie Moderator Staff Member

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    I'm with those who say if it is dead, remove it.

    If it deciduous and not a problem except for dropping leaves, I'd not do anything (unless it is creating problems for your own gutters).

    We have one IP and neighbours have a stupid amount of big trees (maybe a dozen) in the back yard of a 400 M2 block. It blocks our gutters and over many years, we've asked if they would consider trimming. Always "no".

    We've (in the past) trimmed what we were allowed to trim under the law. But it still fills our gutters. And we pay to have them cleared.
     
  15. Tom Rivera

    Tom Rivera Property Manager Business Member

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    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!
     
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  16. Phoenix Pete

    Phoenix Pete Well-Known Member

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    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.
     
  17. skater

    skater Well-Known Member

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    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.
     
  18. Darwin55

    Darwin55 Well-Known Member

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    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
     
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