Nuisance Tree - Any Suggestions?

Julia said:

Thanks for the thoughts, Logique. I'd quite forgotten about this old thread.
I've tried all that you have suggested. Zero response.
The tree is pretty healthy. Storms usually come from a direction which would blow any breaking limbs into my property, most likely smashing through the pool shade structure into the pool.

The Council refuse to have anything to do with neighbourhood tree issues, though there have been some murmurings from the State government to the effect that they will be initiating legislation for special court sittings for applications in just this sort of problem.

The owner refuses to talk to me or to respond to letters from me or from the Justice Department Dispute Resolution Program. Lawyer's advice is that I can take it to I now forget which Court which would mean a trip to Brisbane and a cost of between $10,000 and $15,000 for a barrister, with no guarantee of a positive outcome.

So there it is. Nothing much you can do except wait for the damage in a cyclone and in the meantime, continually clear the gutters of gum leaves and skim the pool of leaves every time you want to swim!

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macca said:

Hi Julia,

Have you tried getting someone to check along your fence line for roots crossing your boundary ?

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If the tree should die you could feign innocence as you can't access their place because of the nasty dog.

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drsmith said:

This should make even a 200ft tree tremble on its roots and the neighbours in their boots.

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jbocker said:

Dont look like there is much you can do Julia.

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drsmith said:

Looking at the problem from a totally different perspective, If the neighbour has a partner, they themselves might disagree on how to manage the tree.

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Julia said:

The plus in this is that we are no longer regaled every evening with their drunken brawling.

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The new Neighbourhood Disputes Resolution Act replaces the 60-year-old
Dividing Fences Act, providing “more effective remedies” to resolve disputes
about dividing fences and trees.

The Queensland Civil and Administrative Tribunal, rather than the courts,
will be responsible for dealing with tree and fence disputes that get out of
hand.

Under the laws, a person can issue a notice to a neighbour whose tree has
branches hanging more than 50 centimetres over the boundary and less than 2.5
metres above the ground, with the tree-keeper urged to cut them within 30
days.

If the tree-keeper does not respond to the notice and does not cut the
branches, the neighbour can call a tree lopper to chop the overhanging limbs, or
do it themselves, and then recover up to $300 from the owner in “reasonable
expenses”.

No more than $300 a year can be claimed through this notice process.

More serious cases can be heard by the tribunal. QCAT can now decide on
disputes over trees when it is claimed a neighbour's land is affected.

Land is deemed to be affected if the overhanging tree could cause within the
next year serious injury or damage, or unreasonably interfere with the
neighbour's use and enjoyment of the land.

This may include interference with television or satellite reception but not
small amounts of flowers and fruit falling to the ground.

Read more: http://www.brisbanetimes.com.au/que...et-new-branch-hacking-law-20111031-1ms69.html

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Julia said:

Many thanks, Whiskers. I wonder how effective it will be. Many instances will be, like mine, not a case of overhanging branches at all. I'd have quite happily paid to have such branches lopped off if that were all the problem was.

Quite different when it's the sheer height of the tree - although in the middle of the neighbouring back yard - that sheds thousands of leaves into my pool, guttering and throughout the garden. Just such a nightmare in the prevailing SE wind.

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sails said:

Julia, it could be effective. As you know my daughter with depression is in a housing commission and her fully concreted back yard had two large gum trees overhanging and leaning in the direction of her townhouse. The leaves were a nightmare, but the worst thing was the ibises pooping all over her concrete and her washing line. Every morning there would be fresh poop all over her back yard. Not easy with a young pre-school child either.

When Qbuild guys were there doing some work a few months ago, she asked about the trees and if anything could be done. They told her they had already approached the neighbouring complex (not part of Qld housing) and they had refused to have them cut down.

About a month ago, my daughter called me to say the trees were being taken down as we spoke and they were completely removed. She is so relieved.

What Whiskers has posted could be the reason the trees eventually were removed. I understand another backyard tree was being taken down at the end of last week.

I do hope this helps to resolve your tree problem too , Julia

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Julia said:

Thanks for the note of optimism, Sails.

However, the issue of trees on government owned property is a pretty simple proposition. It's quite different when one has to deal with private property owners if these owners simply decline to communicate in the matter, even fail to respond to letters from the Justice Dept's Dispute Resolution Branch.

I contacted the local council a few years back about a dangerous tree in the park in our cul de sac. They had someone out to look at it within a couple of days, and it was duly dealt with about a week after that.

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Julia said:

OK, sorry I misunderstood. Perhaps the approach to the owners by the government representatives on behalf of your daughter's property did the trick.

I don't think it can have occurred as a result of the new legislation which only came into place yesterday.

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Julia said:

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?

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