NSW Tree branches over neighour's land - who pays for trimming

Discussion in 'Property Management' started by Zoolander, 20th Oct, 2019.

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  1. Zoolander

    Zoolander Well-Known Member

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    Hi PC gang, looking to get advice and input on tree trimming, specifically about who should pay and what can be done if the tree is home to bats.

    IP is in NSW Central Coast. See attached pic.
    There's a tree out front that drops fruit and bat poo onto a neighbours front lawn, and his car when he parks beneath it. I'm considering getting the tree's branches cut back 2m to align with my property line. Is it normal to propose that he pay all or part of it, given he benefits from the job? If you've done this before, any advice on tackling this?

    As the tree is home to bats, there are noise issues as well as the droppings. Neighbours have asked about what can be done. Can anything be done here, or is this a case of "quit whinging and enjoy the native ecosystem". Cutting the whole tree down would remove useful shade and privacy. Firing buckshot into the trees to trim the population likely won't be r

    My agent said the tree can be trimmed without needing council approval which is great. Currently waiting on a quote from the agent's preferred contractor.

    Thanks in advance.
     

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  2. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    I might be wrong but that tree looks like a Moreton Bay Fig or some other type of Ficus/Fig and they are not good trees. They grow massively, drop fruit, have massive roots and are not designed for residential lots.
    If it is one of those trees then I would be getting rid of it now and replanting something that is more suitable for the lot size and area of the garden it's in.
     
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  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Your tree, your cost to trim. You can't just cut one side.

    I initially thought it was Ficus Hillii but it's non-fruiting. The regular trunk makes me think that it's something else.
     
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  4. Hetty

    Hetty Well-Known Member

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    Looks like the tree is on your property? Should be your responsibility surely. Why would you expect him to pay for all of it? Especially when you want it done?
     
  5. Joynz

    Joynz Well-Known Member

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    Re. Just cutting one side - it looks like the neighbour’s side is more pronounced than the OP’s - so a bit more could be trimmed off that side to even it up.
     
  6. Zoolander

    Zoolander Well-Known Member

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    I have no need to cut it- the neighbour benefits entirely from being able to park his car beside the tree. I can do nothing and let the tenant-neighbour relationship take a small hit.

    Some older posts about tree branches invading neighbours spaces said they can cut it themselves. Would some element of this apply here?
     
    Michael Mitchell likes this.
  7. Marg4000

    Marg4000 Well-Known Member

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    Well, you can tell the neighbour to get stuffed. But clearly this attitude can, and probably will, come back to bite you.

    However, since you caused the problem, (the tree is your property) it may be fair for you to rectify it.

    You trim the tree. Your cost will be subsidised by a tax deduction.
     
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  8. Dan Wood

    Dan Wood Well-Known Member

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    Neighbour wants me to cut down these trees

    Is somewhat relevant and there's some good content in the other posts.
     
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  9. Michael Mitchell

    Michael Mitchell Property Manager Business Member

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    Pretty much this - Agent can explain to the neighbour that the Owner has instructed they won't be undertaking any work on the tree, and it is no fault of the Tenant so the neighbour should not misdirect any ill-feelings towards the Tenant (and that sorts that problem out). The neighbour if they feel so strongly about it can go through the legal channels to insist that you do trim the overhanging branches, or they might undertake the work themselves at their cost which they're entitled to do and then seek compensation from you for it, again through the legal channels (NCAT).
     
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  10. Shogun

    Shogun Well-Known Member

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    If it is a Fig I am with Westminster get rid of it.

    Otherwise what you outlined and about half it's height removed
     
  11. Melbourne_guy

    Melbourne_guy Well-Known Member

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    :):):):) If only life were that simple
     
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  12. balwoges

    balwoges Well-Known Member

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    I suggest you go to your Council's website and have a look at their policy on neighbours/your trees. Our council has a policy outlined on its website and how to go about solving the problem legally.
     
    Angel likes this.
  13. ChrisDim

    ChrisDim Well-Known Member

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    fortunately or unfortunately, by law when tree branches encroach the boundary, they become the neighbours' responsibility/ownership and they can do whatever they need to it. They can cut it right back if it is a problem, same as they would be entitled to get all the fruits if it was say a mango tree.

    Having said that, in my humble opinion, I think it is a lot more important to maintain good relationships with neighbours, so if it was my property I'd talk to them (via my property manager) to see how they feel and I'd even go halves with them on a tree trimmer (I am a very generous/big picture landlord though so that might not be for everyone).
     
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  14. Zoolander

    Zoolander Well-Known Member

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    The more I ponder it, the path of least resistance is to trim it and pay it myself if it's not too costly (few hundred bucks?). I'm with you @ChrisDim that the work goes a long way maintaining goodwill with the neighbours. Also gives the tenants one extra reason to stay on in future years if they don't have plans to move or buy themselves.

    @Shogun @Westminster thanks for helping ID the tree. If I were to cut it and replant, what would you consider a fair price for both trimming and complete removal? Any suggested tree species as a more suitable replacement?

    Thanks in advance everyone
     
  15. Dan Wood

    Dan Wood Well-Known Member

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    Good choice although in the end it may just be more.cost effective to remove it vs getting it trimmed every few years.
     
  16. WattleIdo

    WattleIdo midas touch

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    On 2nd look, yes, maybe it is a young Moreton Bay. ID up close first (beautiful trees - although big and messy, I don't know if I could bring myself to get rid of it, though it could be the best thing).
    If keeping, keep everyone happy by taking a sizeable portion from neighbour's side - everthing, in fact. This will keep neighbour, tenant and bats happy.
    Otherwise, remove and replace.
    Suggestions:
    A crabapple is completely 100% harmless.
    A glauca or 3.
    An ornamental pear.
    A dogwood.
    Some grevilleas grow quite tall and look amazing.
    A callistemon will never let you down.
    Most of these are loved by birds and insects but you might lose the bats???
     
  17. WattleIdo

    WattleIdo midas touch

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    Or Crape myrtle
     
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  18. Shogun

    Shogun Well-Known Member

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    Fig type trees grow for 100s of years. Roots go every where they lift foundations and get in drain pipes. Best not grown within 50m or more of a house imho

    Quotes can vary a lot for removal. Some of it is the cost of disposing of the tree which can be costly
     
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  19. TMNT

    TMNT Well-Known Member

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    I love your paint shop skills!
     
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  20. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

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    Cutting a fig tree bat habitat back can breach council by-laws (yeah I tried that) and you can be fined and it can mean the bats are a persistent source of mess. Hope the tree is a prohibited or noxious species and council will allow it to be removed or cut back BUT DONT TELL THEM ABOUT BATS. They wont allow a habitat to be destroyed.

    An ultra sonic pest alarm can sometimes work. Bats hate these sorts of noise but getting power to it in the tree is an issue. But it can also make the restless and make more noise and mess rather than sleep.

    A focussed halogen light will keep them away. Thats what we resorted to.