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.