Neighbour asked us to cut down large tree in order to build.

Hi
We have been approached by the new owners of the vacant neighbouring block to remove a large tree on ourside of the shared fence line. The tree provides shade and privacy for us. We are happy to remove branches but not the whole tree. It is about 10-12 metres tall.
They have stated the tree is non native, will drop leaves and interfere with their proposed solar panels on shedding. And that their build may uoset the root system of the tree.

Am I within my legal rights in SA to say no to removal? What if they damage the roots in the build causing it to eventually die/fall?
They have suggested a natural hedge.

 

Do you need council permission to remove trees?

 

Fast growing hedge of Grevillea Robusta

I don't think that it's native to SA though.

 

Tell them to go away.They sound entitled.

 

I would expect you to have the legal right to refuse.

Legally they can trim any overhanging branches even if it makes the tree look odd, particularly if it is very close to the boundary.

Should roots be damaged during the build there is not much you can do as they are building on their own land - you have no right over tree root zones which can extend metres beyond the canopy line.

Should you decide to allow removal, I would expect them to pay all costs including council approval if necessary.

 

And insurance incase something goes wrong and the tree ends up on the OP's house.

 

If it was on their land and the council said it was a $20k fee to remove it, they'd probably happily pay

 

Looks like your neighbor is a forum member
ONE VOTE against your rights

 

Somehow a sneaky developer is in our midst who wouldda thunk it.

 

Just stand up for your rights. It's your tree, they should have thought of that before they even designed the house.

 

When getting a permit for a build I was advised that an Arborist report was needed. It cost about $1000 and was quite detailed. This Tree Protection Zone (TPZ) Encroachment Calculator (proofsafe.com.au) has information about zones around the tree. The OP could ask the local council if the tree is such that the zones apply or if an Arborist report is neded. I suspect that if the build next door damages the tree then remedies at law exist. It seems to me that due care for the roots must be taken.

One solution is to have narrow piers that avoid the roots. Also, too much trimming on one side may be contrary to the rules and may make the tree lopsided with a possible tendency to fall on the other side.

A friend had a neighbour with a big tree and roots that went under my friend's house, causing structural unhappiness. The neighbour declined to be involved in an easy solution and was taken to court. My friend won. The neighbour moved out a year or so later. This NSW precedent shows that responsibility extends beyond the boundary.

 

The perfect description of the interface between the foundations and the roots.

 

After too many years in renovations and a little building I am able to cite the technical term for this - r****d.

The following is OT but it's related and may amuse. A Melbourne inner suburb worker's cottage from perhaps 1880-1900 was having a major reno - not much left except the frame and fireplace. I was chatting to the builder and he showed me a floor joist that was on a stump. Not a stump of 4" X 4" or whatever it was then, a tree stump. Someone had cut the tree down, made the top close to horizontal, and secured the joist. The builder said that the joist and stump were solid. He said it was too hard to remove the tree stump and all the roots. From memory he was going to remove the joist, add stumps left and right of the tree stump, and replace the joist.

 

How terribly tragic for them. Its not a lawful reason to cut down or prune a tree. In fact the reasons are unacceptable anyway even if you hated it. The state Neigbouring Trees Act govern the limited rights a neighbour has. To an existing tree which is close to NO right to sue or seek damages.
https://lsc.sa.gov.au/resources/TreesandtheLawBooklet.pdf

The seem to be the ones to create any nuisance if they build as proposed.

 

I was just reading the same booklet, and page 8 seems to say that the neighbor is full within their rights to chop both the branches and the roots back to the fence line.