Nuisance Tree - Any Suggestions?

[roland]

Julia, If it were at all possible, I would gladly donate my mother's 50 year Liquid Amber tree so you could have something to fight back with. Not only does it drop all it's leaves, but also drops these horrible spiky seed pods.

It has been the bane of her life, or the saviour with all that exercise in raking she is still very active - 70 something now.

If the leaves were not raked up you would be litterally knee deep in leaves with 2 weeks during the autumn/winter.

Check out the pic to see how it dominates her back yard.

 

[Whiskers]

Julia, the old Hervey Bay City Council equivilant, although not worded as precisely may be; (CONTROL OF NUISANCES) LOCAL LAW NO. 15 http://www.lgp.qld.gov.au/applicati...erv/15_Control of Nuisances LL_res19-5-99.pdf

Section 15 Overgrown allotments, s19 Miscellaneous nuisances, s28 Local Government's power to have work carried out and s29 Powers of entry and cost recovery.

The Council should have some Local Law covering dangerous trees and in any case if you make the proper written complaint it should shift the Common Law liability onto the council if they don't take approperiate action.

Seems like you've got one obstonate neighbour that has no appreciation of the danger of gum trees in close promixity to houses. They are a tough tree when young and healthy, but as they mature they are more brittle and prone to dieback and internal decay. In the bush they are approached with caution by professional timbercutters because of their tendancy to drop bits of dead branches on top of them as they start to fall... coined 'widow makers'.

An Aunty had a similar situation with a Housing Commision house backing onto her with a big gum tree near the back fence. The Housing Commision removed the tree and gave her a new privacy fence into the bargain.

Last year I had a bunch of three tall trees inter-twined with dead branches overhanging my fence on a rural block. The neighbour and his wifes father (turned out to be a professional timbercutter) and I just arranged a little working bee to cut them down and he got some fence posts out of it as well.

 

[nunthewiser]

Nunthewisers suggestion to drill into the trunk, insert some roundup and carefully patch up with the dirt/saw dust mixture leads me to think he's a professional arborist/terrorist that has done it before.

The only problem is, that the tree will still need to be removed.

Shame about the vicious dog!! I do know someone with a directional drilling rig so that it can be done from your side of the fence!

Good Luck! CB

nose nuffing

the onus on the dead tree removal is on the owner of the tree by the way

also it can be done via the root system IF the roots are inside your yard

cordless drill , roundup and a lil bit of love and care in patching up the nasty little holes them borers produced

 

[nunthewiser]

personally tho as a law abiding pillar of society i would suggest having a read of whiskers quality research and maybe following that path first

 

[Wysiwyg]

Any suggestions of anything more that we can do?

The tree (at 200 ft. tall) may be 100`s of years old and would be a damned typical sad act to cut it down.Of course if I bought next door to this unique tree I would wonder what sort of life it had, the humans that came and went during its life and the humans that will come and go in its future.

I would also approach the neighbours and invite them over for tea & biscuits or a few ales and find out if they are nice people or just typical whinging, whining, selfish suburban nobs.


Long live the eucalypt.(and its inhabitants)

 

[numbercruncher]

A neighbour has a massive gum tree (about 200ft) in small backyard.

It sheds thousands of leaves into my pool, throughout the garden and lawns and blocks up the gutters, preventing rainwater flowing through to the tanks unless the gutters are cleared out every few days.

I've written a very polite letter, explaining the difficulties, and asking for at least some of the height of the tree to be reduced, offering to contribute to the cost. No answer.

Went to the Justice Dept and asked them to set up a mediation. They attempted to do this with two letters to the tree owner. Likewise no reply.
Nothing more they can do.

This morning when I walked past on the way home, the owner was in the front of the house so I politely asked if I could speak with her. She just walked away.

In case someone suggests poisoning the tree, that's out of the question because (a) the owner would assume I had done it, and (b) there is no way of getting access as they are home all the time and have a very noisy and vicious dog.

There is a law which says no homeowner/property may interfere with another homeowner's right to enjoy their property. To get this enforced would - I'm advised by a lawyer - require applying to the District Court in Brisbane, and the employing of a barrister (!) at a cost of not less than $10,000.

Sounds completely ridiculous, and I'd run the risk of not getting costs awarded if the case was unsuccessful.

Has anyone had a similar situation ?
Any suggestions of anything more that we can do?

Heya Julia .....


Her ignoring your polite and fair request makes me wonder ....... it seems a bit irrational considering the circumstances ....

So im thinking maybe this woman has no spare money ? is she elderley scraping by on the pension ? she might be stressed about how she will come up with the cash ..... You know a few hundred maybe little to you and I but to someone getting 230 a week gov penion with no savings it could be a very daunting figure ....

Maybe you could try a new approach that you will pay all the removal/trimming costs - it will surely end up being free eventually when you weigh up the costs of cleaning pool and gutter over and over ?

Just a thought ..... she may even offer to pay part if her budget so allows .....


Cheers

 

[sammy84]

Option 2: Freeze up a container of round up. Throw the cubes over their fence at night.

You might kill the dog......

 

[awg]

Hi Julia,

you are in a difficult position.

unless the tree is actually damaging part of your property such as pipes, not merely an inconvenience, there is very little you can do.

the council will not involve themselves

the cost of removal of such a tree would be several thousand dollars

your neighbour is not obliged

you are legally allowed to cut off any branch that overhangs your property, but first you would need approval from council, as it is a native tree!

If, by pruning the tree on your side, you destabilised it, and it later fell, you could have a legal problem yourself.

I have seen this situation several times.

I have a tree that a neighbour does not like, even though it is not overly large, he is very fussy. (A Red cedar, it drops leaves)

I previously removed a larger tree at my own expense, because I considered it may fall in the event of a large storm ( a Eucalypt)

 

[Julia]

Hi Julia,

How long has the tree been there? I guess along time if its nearly 200ft tall.

It was planted as a seedling about 2ft high only 15 years ago. This gives an indication of how fast it grows. My tree pruner says it can easily grow another 100 feet or more.

I would think your best chance of getting some action is to determine if there is any damage that has or is likely to occur as a result of its root system invading your property. And if this is the case try and use the council to do your dirty work so it doesn't cost you anything.

As far as I know the roots are not affecting my property. It's the height of the tree and the fact that the prevailing wind blows all the leaves my way.
The Council say they have no jurisdiction over trees on private property.
They will only intervene, they say, once a falling limb has done damage to a neighbouring property, e.g. caused a roof to be destroyed.

You obviously have a problem neighbour if they won't even talk to you. It couldn't be your fault because we all at ASF know you're okay.

Thank you for that vote of confidence. I have indeed been very polite.
Perhaps this is the problem. A threatening lawyer's letter might have more effect.

As a qualified landscape gardener (and failed share investor!!) I have been pretty impressed with some of the solutions to your dilemna.

Nunthewisers suggestion to drill into the trunk, insert some roundup and carefully patch up with the dirt/saw dust mixture leads me to think he's a professional arborist/terrorist that has done it before.

Perhaps so. But that is illegal, it would involve trespass, if the tree subsequently died and I was questioned about any involvement, I'm a hopeless liar. Anyway, trying to climb the fence and carry out this measure would probably have me torn apart by their dog.

I do know someone with a directional drilling rig so that it can be done from your side of the fence!

Interesting. How does that work?

Julia, the old Hervey Bay City Council equivilant, although not worded as precisely may be; (CONTROL OF NUISANCES) LOCAL LAW NO. 15 http://www.lgp.qld.gov.au/applicati...erv/15_Control of Nuisances LL_res19-5-99.pdf

Section 15 Overgrown allotments, s19 Miscellaneous nuisances, s28 Local Government's power to have work carried out and s29 Powers of entry and cost recovery.

The Council should have some Local Law covering dangerous trees and in any case if you make the proper written complaint it should shift the Common Law liability onto the council if they don't take approperiate action.

Seems like you've got one obstonate neighbour that has no appreciation of the danger of gum trees in close promixity to houses. They are a tough tree when young and healthy, but as they mature they are more brittle and prone to dieback and internal decay. In the bush they are approached with caution by professional timbercutters because of their tendancy to drop bits of dead branches on top of them as they start to fall... coined 'widow makers'.

Whiskers, I've spoken with the bloke who is in charge of tree for Hervey Bay.
He advised that they have no jurisdiction over any tree in any privately owned property. Thank you for posting the section about overgrown allotments. The council tell me this applies to low vegetation such as would be considered a risk for harbouring vermin. Therefore the tree does not come under this legislation.

An Aunty had a similar situation with a Housing Commision house backing onto her with a big gum tree near the back fence. The Housing Commision removed the tree and gave her a new privacy fence into the bargain.

Dealing with the Housing Commission is a whole different ball game than dealing with difficult private individuals.

The tree (at 200 ft. tall) may be 100`s of years old and would be a damned typical sad act to cut it down.

It's only 15 years old. Certainly it would be a nice enough tree in the countryside or even in a park. But not in a very small backyard in suburbia!

Of course if I bought next door to this unique tree I would wonder what sort of life it had, the humans that came and went during its life and the humans that will come and go in its future.

Well, that's a charming picture, but it was planted subsequent to my building my house and has been no problem until it attained its present height.
You are romanticising a very crappy problem.

I would also approach the neighbours and invite them over for tea & biscuits or a few ales and find out if they are nice people or just typical whinging, whining, selfish suburban nobs.

Did you read my original post? They won't even speak to me. They don't speak to anyone. When they first came there were violent, drunken fights every night. Over the last few years this has stopped.

Long live the eucalypt.(and its inhabitants)

Oh God!

Heya Julia .....


Her ignoring your polite and fair request makes me wonder ....... it seems a bit irrational considering the circumstances ....

So im thinking maybe this woman has no spare money ? is she elderley scraping by on the pension ? she might be stressed about how she will come up with the cash ..... You know a few hundred maybe little to you and I but to someone getting 230 a week gov penion with no savings it could be a very daunting figure ....

No, NC, she is a wealthy woman and owns several properties.
Moreover, she complained to her other neighbour that their jasmine (which flowers for only a couple of weeks once a week) gave her hay fever when it flowered and would they please remove it. They did.
And anyway, I said that I had suggested to her I would be more than happy to contribute to the cost. I don't even want the damn tree removed, just the height reduced.

You might kill the dog......

Believe me, Sammy, that would be doing the world a favour.
However, she would undoubtedly return the favour and I love my dog too much to take that risk.


Many thanks to everyone who has made helpful and constructive suggestions. It's really appreciated.

Sounds as though the lawyer's letter might be the best next option.

Qld govt is mooting "neighbourhood courts' to cover just this sort of thing where attendance will be compulsory if one party has a complaint.

It's the obvious situation for mediation, but this is at present voluntary.
As I mentioned, I have attempted to arrange this through the Justice Dept's Medication Service. They have approached her twice but she has simply refused to reply.

Believe me, I'd just love to go the chainsaw or poison way, but it's not a practical proposition, i.e. the tree is in the middle of their backyard. I would have to climb the fence (probably into the jaws of the dog) and risk being caught in the act. Just not on.

 

[milothedog]

Julia

Your suggestion of reducing the height of the offending tree will only create greater problems. The tree will not stop growing, obviously. What will happen is the bifurcation of the tree trunk...multiple trunks from the cut area. These bifurcated branches will be much more prone to splitting as the growth is distorted from the main trunk. It is a very bad idea to treat any single trunk tree in such a manner. By the way, it is unlikely (not impossible, as I do not know the variety) to reach 300 ft in height in a suburban setting...that would put in the class of some of the tallest trees in the world...

Loves trees here...welcome to suburbia.

 

[trillionaire#1]

Julia,at my last property ,i had a couple of beautiful healthy gums that were,suddenly attacked by a borer type insect ,killed the trees dead in a flash.
solution?,research suitable gum wrecking insects,locate...er somewere,and
throw handfuls of specimens at the trees base.

 

[Julia]

Trillionaire, thank you. Will do some research.

Btw, I made a mistake when talking about the jasmine that offended the tree owner:

Moreover, she complained to her other neighbour that their jasmine (which flowers for only a couple of weeks once a week) gave her hay fever when it flowered and would they please remove it. They did.

That should have read flowered just once a year for a couple of weeks.

 

[Gundini]

You might kill the dog......

Yeah, forgot about the dog

 

[awg]

Hi again Julia,

You are almost certainly wasting your time and money sending a legal letter.

Owner is not obliged to do anything, and is likely to make them become even more hostile and unco-operative.

Having a hateful neighbour is much worse than some leaves, and you will still have the tree problem.

I have seen what can happen, you definately do not want to aggravate someone when you hold losing cards!

you could try planting said jasmines, then use that as a negotiating tool!

You may be better off spending the money on leaf guards for your gutters.

My only other suggestion, which I mentioned to a policeman friend of mine, is to shoot the dog, the owner and poison the tree, then torch the lot.

If you drive thru the leafy upper class suburbs of North Sydney, you will see huge numbers of massive gums, I imagine causes some disagreements.

I believe tree issues are a major bane of council officers ( friend of mine is council officer, they wont do a thing, if they are not fully obliged to, they stay out of it)

I can only reiterate, dont aggravate a difficult neighbour on an issue you cannot win, they can make your life absolute hell (watch today tonight etc).

If I had my time again, I would never plant large trees on my property

 

[Agentm]

sounds like your harrassing your neighbor big time, you wouldnt be doing it to me thats for sure!

what right have you to approach them after the pressure you have applied already, and why not first talk, then send letters later? pretty weird sequencing of events.. if i was your neighbour i would have my solicitor send you a letter about the harassment. leave them alone, and if you have any rights to have someone elses tree being removed then go through with the process and stop your hankering!!

i hope more trees are planted, and who cares about a pool, get a cover which both reduces evaporation and makes cleaning it far easier.. less chemicals needed also.. pools cost energy, waste water, and imho are out of touch with todays needs.. just an extravagance and a waste of precious energy and water resources..

i wrote to my neighbour about his use of ladders on some 10 - 15 foot high tomatoes he is growing along the fence, he has the right to enjoy his yard, and i asked he consider my privacy this summer.. he said wrote back he would.. problem solved..

if he didnt i wouldnt be going around aggravating him by knocking on his door!!

imho either deal with the problem in the courts or live with it,, writing about it on a forum is just you venting your frustrations.. there are no solutions other than the ones your have investigated.

some councils allow leaves and litter from trees to be put on your property if it comes from your property.. consider returning the litter to them. ask them where they want it or advise them where you will place these leaves...

otherwise look at the tree, enjoy the birds it attracts and the beauty of it..

 

[Julia]

why not first talk, then send letters later?

I attempted to talk first. She refused to have any discussion. The letter followed.

The pool already has a cover, suspended about a metre over the water.
The leaves still slide off it and into the water.

AWG, thank you for further thoughts which I appreciate.

 

[robert toms]

What sort of tree is it...approaching 300 foot fully grown makes it amongst the tallest species (and individual) on the planet.
I got a tree removed from my neighbour's place...it was leaning toward our front yard and dropped a sizeable branch across my drive..I have got chainsaws so that didn't bother me.However the scar exposed rot and the lean was toward our place.
We used the danger approach through the council and this was successful in having the red gum removed (probably only 35 metres or just over 100 foot tall),but an expansive branch system.
I compromised by cleaning up his from yard for him,as long as he hired the cherry picker to lop ,and ground the bits that I could not handle...I am too frightened to climb them...tried once and put a branch thru my bathroom ceiling....no insurance there.

 

[cuttlefish]

Julia - do you have a leaf blower? I'm sure the sole purpose those things were invented was to annoy neighbours.


If not, maybe you should get one. I'd recommend using it to clean up your leaves around 5:30 a.m. every Sunday morning, then a knock on the neighbours door around 6:00 a.m to ask where they'd like you to put the leaves that came from their tree (I'm sure they will have some interesting suggestions at that hour of the morning ).


After a few weeks of this approach they might start to see value in some pruning to reduce the leaf mess ...

 

[Julia]

What sort of tree is it...approaching 300 foot fully grown makes it amongst the tallest species (and individual) on the planet.
I got a tree removed from my neighbour's place...it was leaning toward our front yard and dropped a sizeable branch across my drive..I have got chainsaws so that didn't bother me.However the scar exposed rot and the lean was toward our place.
We used the danger approach through the council and this was successful in having the red gum removed (probably only 35 metres or just over 100 foot tall),but an expansive branch system.
I compromised by cleaning up his from yard for him,as long as he hired the cherry picker to lop ,and ground the bits that I could not handle...I am too frightened to climb them...tried once and put a branch thru my bathroom ceiling....no insurance there.

Robert, it's a gum tree, don't know the exact species. Would be lovely in a park - just completely unsuitable for small backyard with close neighbours.
The Council here has advised that when a large branch does structural damage tomy property, then they will intervene. Great. Sounds as though the same applied in your situation.

Julia - do you have a leaf blower? I'm sure the sole purpose those things were invented was to annoy neighbours.


If not, maybe you should get one. I'd recommend using it to clean up your leaves around 5:30 a.m. every Sunday morning, then a knock on the neighbours door around 6:00 a.m to ask where they'd like you to put the leaves that came from their tree (I'm sure they will have some interesting suggestions at that hour of the morning ).


After a few weeks of this approach they might start to see value in some pruning to reduce the leaf mess ...

Hi Cuttlefish, thanks for the suggestion. They sure are hellishly noisy things.
The problem with that idea is that it would also annoy all the other neighbours who are great people and whom annoying would be the last thing I'd want to do.

 

[spooly74]

Julia,at my last property ,i had a couple of beautiful healthy gums that were,suddenly attacked by a borer type insect ,killed the trees dead in a flash.
solution?,research suitable gum wrecking insects,locate...er somewere,and
throw handfuls of specimens at the trees base.

Love it ...slow and steady wins the race

http://www2.dpi.qld.gov.au/hardwoodsqld/1819.html