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

It is not a Moreton Bay fig but it could be some other type of ficus, or perhaps a lilli pilli of some kind. Does it has small purple, pink or white berries on it after it flowers?
I would be inclined to leave it if you can for shade and aesthetics rather than taking the whole thing out.
If you trim it get some advice from a reputable arborist. As others have said, you can’t just take off one side as this is likely to destabilise the tree.
It may be a few hundred to remove completely (depending on its size) plus extra to grind out the stump. If you leave the stump in it is likely to reshoot (unless you poison it).

 

I have similar tree issues with my neighbours in a strata IP.
1) They want me to pay for the tree trim on their side. Obviously I did comply the first time and trim the gum tree 10% allow by the council.
2) Second time - by law, it is on their side, they can pay for the cost of trimming the tree on their side. If they want to trim the part above the roof level, the strata can pay for it. As the tree is taller than the roof line.
3) I am being not a nice landlord this time round and tell them to pull the money out from the strata rates we all pay. To cut the tree.

It is absolutely disgusting to me, once I knew my rights and so forth about the tree. The strata and neighours all drag their feet and keep silence about paying for it.

This is in NSW by the way... Not so nice landlord now.

 

They should move into a flying rat free concrete metropolis ...... and you should charge them for the advice....or tell them to **** off....whichever tickles your fancy !

 

Fool me once, shame on you.
Fool me twice, shame on me.

Unfortunately it never got to the twice part. Oh well - a sucker born every day right?
Important lesson here is I did learn from it and not let it repeat again.

 

Well, we all have too learn, it sometimes can pay to do things you do not have too as well....

It is when people are being tricky or threatening then they do not deserve any generosity.

 

Also, strata situations can be vey disfunctional, it can be done well, so so, or poorly, the second two are most common.

If the people running the show have little knowledge or not reasonable, it can be very broken.

 

I too get my legal advice from real estate agents.
I also get my medical advice from my hairdresser!

 

Imagine the confused look if you presented the agent with a fine that was issued due to no authority

Would they pay ???

 

I had an IP in Wamberal with a large mango overhanging the side neighbour and a large Jacaranda overhanging same side neighbour and back neighbours (2).
The 2 back neighbours called me to the fence and asked if they could trim the branches back and I said yep, go for it, you can trim back to the fence no probs with me.

30 minutes later these neighbours have driven around the block and started to unload all the branches on my driveway!
So outside I go and inform the neighbours that they must take it all back and dispose themselves. They argued it was my tree my branches. So I called them nasty names and said wait here.....

I rang council (Gosford City back then) and asked what the deal was with this situation and they told me that by no means is the way to do this. They can cut back to the fence line and dispose of the branches themselves, they cannot expect the tree owner to dispose of anything the owner didnt cut.

So they had to do as I said, take the branches and bugger off.
Not sure if the new council there has changed anything but thats the first place i would be enquiring.

The other thing back then also was there was a restriction on height in relation to trimming a tree. Anything over 3m high was not to be touched without council approval. I also informed the back 2 neighbours they had broken the law as the trees they cut were well over 3m high. LOL.

 

They are confusing the rule for fruit. If a lemon tree hands over the fence the neighbour is permitted to trim the branches to the fenceline. The fruit is to be returned as it may be produce or trading stock of the owner.

The branches themselves are for disposal by the property owner affected. Or if they ask the property owner the property owner is expected to remove their own branches.

There is a excellent website on neigbouring property issues (incl trees) for NSW. The principles to such cases concerns major and not trivial issues eg pruning a simple fruit tree. Matters like fire risks, safety, obstruction etc may also impact

Trees and plants

 

Not sure why you are doing this.

Channel Gladys and "Just say No!"