Tree problems

Discussion in 'Legal Issues' started by nth brisbanite, 4th May, 2017.

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  1. nth brisbanite

    nth brisbanite Well-Known Member

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    My neighbours' trees are causing damage to my house. I contacted their agent 6 weeks ago but still no reply from the owners who have rented out their property. Options I can think of are:
    • Contact my solicitor
    • Contact QCAT
    • Ring local council
    I've just sent another email to agent threatening further action if they don't get back soon. I don't have the owners' phone number and their agent never seems to answer her phone either.

    What do you suggest?
     
  2. Tonibell

    Tonibell Well-Known Member

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    What type of damage ?

    A discussion with council would be my first step.
     
  3. nth brisbanite

    nth brisbanite Well-Known Member

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    Damage to my concrete in the garage. Roots are also affecting plumbing and foundations of the house.
     
  4. wylie

    wylie Moderator Staff Member

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    Can you install root barriers?
     
  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    I encountered this recently. I deliberately "pruned" my neigbours trees.
    Each state has a trees act. Seek legal advice. Its not straight forward.
    Basically the law allows a tree to damage your property unless its a "new" tree. There are rememdies to limit damage.

    I found agap in NSW law and recently extensively pruned my ****ing ******** neighbours tree. Its not dead and not a stump but was extensively trimmed at the fenceline. BUT it will struggle to survive winter now and may fall to their side since its all weighted to one side. I didnt breach council rules and neigbour cannot claim damage as it was breaking a wall. My solicitors advice was not to admit to pruning it. They wrote to me and solicitor drafted a reply that asks them to consider repairs to the fence to remedy the damage it cause.
     
    Last edited by a moderator: 5th May, 2017
  6. Bonz

    Bonz Well-Known Member

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    If you have tree roots in your yard from the adjoining owner and you need them gone, dig down cut the roots of and leave the cut off root to heal in a bath of roundup.

    Simple effective and problem free
     
  7. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Not problem free when the tree displays signs of poisioning.
     
  8. nth brisbanite

    nth brisbanite Well-Known Member

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    I think that it is too late as the roots have travelled quite a distance.
     
  9. nth brisbanite

    nth brisbanite Well-Known Member

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    There are 3 trees involved which are very close to my garage so digging around is not easy. The trees are very tall having been there for over 50 years. Roundup has been tried before and doesn't work for big trees roots.
     
  10. nth brisbanite

    nth brisbanite Well-Known Member

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    If the trees does start wilting there is the danger that it may eventually fall over which will make things worse as the trees are very close to my house. I'm going to contact the council soon; solicitors could be too expensive; QCAT sounds like a good option as there are virtually no fees.
     
  11. Fernfurn

    Fernfurn Well-Known Member

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    I strongly suspect our next door neighbour is poisoning one of our trees blocking his view. He asked us to cut it down when we first shifted in but we didnt want to as it shielded him looking straight into our place. It has just slowly died on the side blocking his view. I have heard you can pour salt around it and water it in and it will slowly die without trace (we live at the beach) All other trees on our property are healthy, but what can you do?
     
  12. thesuperman

    thesuperman Well-Known Member

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    Your neighbour isn't a doctor is he? The one who made the news yesterday? :p
    http://www.geelongadvertiser.com.au...y/news-story/f81983616298731896db276724201d6c