Nuisance Tree - Any Suggestions?

[Julia]

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?

 

[nunthewiser]

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?

Dark night , cordless drill , roundup........
be sure to keep some of the drill shavings mixed with a lil dirt to rub onto hole s afterwards

 

[prawn_86]

When she goes away get a heavy duty chainsaw and make sure you cut it so it falls on her house...

 

[Julia]

Thank you both for these suggestions. I was actually hoping for something a little more realistic/genuine.

 

[Nyden]

Perhaps this can be of assistance?

Overhanging branches
You can lop off overhanging branches of a neighbour’s tree if the branches are causing a nuisance. You should not trespass on the neighbour’s land to do this. However, any branches you lop off belong to them and they cannot refuse to take the branches back if you are unable or unwilling to dispose of them.

Generally, your neighbour is not obliged to share the cost of hiring someone to remove the branches if they are too big or too high for you to cut down.

http://www.justice.qld.gov.au/1036.htm

... unless of course it's just wind blowing leaves over from a very tall tree? Perhaps constructing some sort of fly-mesh fence could resolve this ... if the neighbour refuses any sort of compromise, that is.

 

[Absolutely]

Well just the threat of legal action might be enough to get some response. A stern letter from a solicitor, referencing the relevant law, and threatening in nature, at the cost of three or four hundred dollars might do the trick.

Or it might not too.......

 

[spooly74]

The roots of a tree that size may very well be causing structural damage to your property ie. driveway, walls (internal and external).

If so, hit her up with the costs for repair and she may change her view.
If not, some petrol at the base will do the trick ....you'll only have to pick up the leaves once more after that.

 

[nunthewiser]

Thank you both for these suggestions. I was actually hoping for something a little more realistic/genuine.

i was being realistic julia .... a person i know had the same problem with an offending neihbour with a Huge radiata pine tree shedding its stuff in the pool etc , fella had it right on the boundary and it pushed over the fence also the roots pushed up the pavers etc

neihbour refused to do a thing

too expensive legally so the tree died

might not be everyones cup of tee but sometimes these situations turn into storys beyond belief

was kinda fortunate that certain varieties of pines often get a virus/disease that can kill them over a very short time frame and i dare say the fella with the cordless drill was very clever in where he drilled some holes .

sorry if this isnt what u wanted to hear just relaying a tale i heard down the pub once

 

[gav]

Well just the threat of legal action might be enough to get some response. A stern letter from a solicitor, referencing the relevant law, and threatening in nature, at the cost of three or four hundred dollars might do the trick.

Or it might not too.......

I believe this would be the only way to go Julia. Also mention in the letter what Spooly74 said. Having neighbours like that is not nice at all.

My parents just evicted the tennant from hell and moved into their house, only to find out that tennant moved in next door. His horse constantly gets on my parents property, and he often makes threats to my Dad. I would never do anything to the horse, as its not the horses fault.

Unfortunately the police wont do anything until something more serious happens. But having the appropriate authorities in the loop will help you down the track if something more sinister comes of it (in your case, tree roots damaging your property)

 

[arco]

Julia

We had a very large pine in our garden which died after the construction of a new driveway on the next door neighbours plot. (Apparently some major roots were severed so the tree did not survive).

You may be within your rights to sever any roots that are in your garden.

arco

 

[Happy]

You might have better case if there is also danger of falling branch on your house?
Damage from tree roots mentioned above definitely can be used in claim for compensation.

While ago in NSW you could remove roots from offending neighbours tree to a depth of 30 cm as well as you could remove overhanging branches (at cost to you, except when tree was declared protected specimen for some reason: age, type of tree).

I heard that some chemicals for other applications might not be beneficial to plants.
Not sure if gum tree is in this bracket, but excessive fertiliser can actually make some trees up to no good.

Somebody told me that faulty swimming pool pump might accidentally contaminate surrounding soil with chlorine or other chemicals used to make water softer or harder.

 

[cuttlefish]

Difficult situation. A large dead gum tree isn't much fun either (and most of the suggestions involve criminal acts anyway).

Its a pity they won't speak with you - getting some sort of dialogue where you can calmly discuss how the tree is affecting you and whether they can see any compromise to dealing with it would be the ideal.

Maybe you could look for a professional mediator and see if they can be hired to broach the issue with the neighbour to try to organise a discussion/dialogue. It might be cheaper than a barrister and a pre-cursor to the heavy expensive process of legal action.

A good professional mediator should be able to conduct a constructive discussion that lets the neighbour understand your viewpoint and issues without letting it get to a slanging match or too much defensiveness.

I've never really looked into it but I have a vague idea that there are a lot of law firms that will offer a mediation service. They might be able to approach the neighbour on your behalf and set up an open, non-binding mediated dialogue. The local council might also be able to provide the name of experienced mediators in the area as well.

Its a pity about the leaves and lack of space because it sounds like a lovely tree but I can understand it being frustrating. Large gums near houses are also a bit of a liability in high winds.

 

[agro]

 

[arco]

From A-Level Law in Action
By Brenda Mothersole, Ann Ridley

May apply

 

[sammy84]

Fight fire with fire. Make her come to you. I suggest you leave the stereo on very loud when you leave the house, this way she might come over to your place asking you to turn it down. Then the negotiating can begin

 

[gfresh]

They probably enjoy the tree and the shelter / shade it provides, and therefore see no reason to cut down a perfectly nice tree due to the inconvenience to somebody else. Surely the leaves also fall onto their roof as well?

I used to live in semi-bushland with similar problems, there are gutter protection things that willl prevent the leaves in the gutter being such a problem. Pool covers also prevent evaporation and can capture any leaves falling in your pool.

Sometimes helps to see it from their perspective as well, and just be the stronger person. No, I don't live next door to you

 

[arco]

.
Garden Law Discussion Forum

http://www.gardenlaw.co.uk/phpBB2/index.php?sid=ec6fae55e5cec0dfad631e62b840f952

 

[Whiskers]

Julia, I think there's a cheaper way to deal with it. I'm sorta surprised the lawyer didn't know/suggest that the inital responsibility for policing tree vegetation falls with the Local Authority, in your case I think it is the Fraser Coast Regional Council.

Apparently there have been no specific Laws made since Amalgamation so it may be the case that a previous Maryborough City Council Law applies: Maryborough City Council Local Law 43 - Vegetation Management 2006, Ammended 2/05/2006 http://www.lgp.qld.gov.au/applications/LocalLawSearch/quickSearch/quickSearchResults/default.asp

To make a strong case and to put leverage and responsibility for any subsequent damage from the tree on the Council, you should also mention the building code wind force catagory rating for the area, risk of cyclonic winds and rain (apparently predicted to be higher this summer) as well as any dieback dead branches, etc that may suggest whiteants or rot in the centre of the tree.

Section 31 Hazardous Vegetation PDF. http://www.lgp.qld.gov.au/applicati...Vegetation Management 2006 LL_res02-05-06.pdf

 

[ColB]

Hi Julia,

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

Trying to get it removed because it is dangerous or might fall over is probably a shallow argument unless it is obviously diseased as it has stood up okay until now.

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.

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.

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.

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

 

[Gundini]

Option 1: I would put a massive net, like they have at a golf driving range, and funnel the leaves back into her house.

Option 2: Freeze up a container of round up. Throw the cubes over their fence at night. Put the house on the market. By the time you sell your house, their lawn would be ruined. Take a scrapper to aid, and on the way out of the driveway, drop one prawn head in between the rubber of their car windows, and bid farewell...