Nuisance Tree - Any Suggestions?

[seasprite]

step 1 . fill your pool with large gravel up to 8 inches below the top.
2 . add small gravel/sand mix then compact down .
3 . place in wire mesh then fill to the top with concrete.
4 . smooth to a nice finish and let dry for 4 days.
5 . cut lines with a concrete cutter to prevent cracking .
6 . get out the deck chairs and a bottle of wine.
7 . enjoy a nice day in the shade of your neighbours tree.

or
wait till new years eve , then aim all of your fireworks (that you saved from guy fawkes ) at the offending tree and let rip.

 

[roland]

You could move - that would not only fix the tree problem, but you would probably have better neighbours and less stress.

 

[ColB]

Originally Posted by Julia: 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.

Well there's part of your answer Julia, the ones with money are usually the hardest to get it out of. She's not Jewish as well is she?

On your fenceline planting some nice Jasmine creeper, a Privet Hedge and any other plant that upsets hay fever sufferers might be a good idea.

Geez, I'm starting to sound like NunTheWiser!! I Better go.... CB

 

[nunthewiser]

gday perversity , long time no see

do actually agree with the jasmin idea tho , should grab ya neibours attention by the nose

 

[cuttlefish]

Julia I just had another idea - you could always hire "Carlos the pool cleaner" - then sit relaxing by the pool with a Pina Colada while he gyrates his way around your yard cleaning up leaves and gutters each week - bound to take your mind off your neighbours.

 

[macca]

Hi Julia,

I think I would be creating a garden along that fenceline.

I would dig quite deeply while doing it, any roots coming from her side of the fence would be poisoned.

I would then plant numerous jasmines.

She likes gum trees, you like jasmines

 

[wallyt99]

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.

Long live the eucalypt.(and its inhabitants)

Exactly.... it would also likely be protected under protection of vegetation laws, and even if the owners want to remove it, they could not.

 

[Wysiwyg]

Exactly.... it would also likely be protected under protection of vegetation laws, and even if the owners want to remove it, they could not.

Well wal the tree is 15 years old and I found out that some species grow at a rate of 6 to 12 feet per year and have a life span of 400 years average.

 

[awg]

I have found out that preserving good neighbourly relations are more important than minor irritations, both from personal experience and observations of other peoples problems.

One day I politely asked if there was anyway that my neighbour could prevent his dog from pooing all over my front verge and coming into my yard at night and doing the same thing, (as my guests and young children were sick of stepping in dogdoo)

He flatly denied it was his dog

I replied that I had seen it many times

He denied it again.

I said "righto" and just left the matter without further comment

I understand dogs are territorial and as I had no dog, it considered my property to be its territory.

I knew he knew this as well.

We had always had cordial relations. I had even lent the guy one of my cars when his broke down so he could get to work!

A few days later, while i was watering my garden, he came running out and commenced to abuse me in the most vile language and threatened to bash me and various other illogical statements and accusations

all in front of my young kids as well.

I was shocked to say the least, but after about 1 minute of abuse, I began to feel my body levitating towards him.

very luckily for him, his wife rushed out and dragged him away.

for some years after this I had various troubles from him

I at all times maintained a cordial attitude, and never attempted to inflame him.

I believe he may have been suffering from an abnormality of the mind, exacerbated by shiftwork.

we get on fine now, more than 10 years later, we have never discussed the incident.

his dog died some yrs ago (of natural causes)

I am glad I did not take any actions of which I might regret or be ashamed, or exacerbate the situation, I certainly had my patience tested.

we both still live here, and expect to for yrs to come

 

[Julia]

AWG, thank you for relating that incident. I'm mindful of just that sort of risk - maybe poisoned meat being thrown over to my dog etc.

Also they are both drunks and therefore unpredictable.

 

[Whiskers]

Any chance of a photo of the tree, Julia?

Good chance of identifying the type of gum from a photo. Some, especially the more ornamental ones are the most brittle.

 

[Julia]

What difference does it make which type it is, Whiskers? It can be as brittle as you like, or otherwise, and it won't make any difference whether or not they are prepared to do anything. Ditto the council.

 

[milothedog]

Whiskers

More than 700 species of euc, many of which are defined by very specific details, such as the structure of seedpods, bark, leaf vein, etc. It is unlikely to be definitively defined by a photo posted here. Even if species is defined, I believe neighbourhood dispute would be no closer to resolution.

 

[Whiskers]

What difference does it make which type it is, Whiskers? It can be as brittle as you like, or otherwise, and it won't make any difference whether or not they are prepared to do anything. Ditto the council.

Curiosity to a large degree Julia. Could give a better run down of what to expect if the variety was known and whether it's a protected species.

But I'm not convinced the council can't do anything. They are often loathe to get involved but if the Maryborough City law applies since amalgamation (my first post) it's much stronger in terms of hazaderous trees than the old Hervey Bay (my second post) which as you say mainly deals with overgrowth, but extends to other circumstances via the later sections.

If I understand correctly you have spoken advice from the council. From my experience council response is often be quite different to a 'strong' formal written request. I promise, I've dealt with councils a lot.

I mean, it's your choice, but I wouldn't leave it rest on spoken advice cos they are loath to get involved, but when something is presented in writing they cannot just ignore it.

Whiskers

More than 700 species of euc, many of which are defined by very specific details, such as the structure of seedpods, bark, leaf vein, etc. It is unlikely to be definitively defined by a photo posted here. Even if species is defined, I believe neighbourhood dispute would be no closer to resolution.

Yeah, I know milo, but there are only about half dozen or so of what's commonly called 'gum' species in that area and the main ones are easily identifiable by their appearance to anyone wo knows their trees.

PS: Oops double clicked. Mod, cancel one of these please.

 

[Whiskers]

What difference does it make which type it is, Whiskers? It can be as brittle as you like, or otherwise, and it won't make any difference whether or not they are prepared to do anything. Ditto the council.

Curiosity to a large degree Julia. Could give a better run down of what to expect if the variety was known and whether it's a protected species.

But I'm not convinced the council can't do anything. They are often loathe to get involved but if the Maryborough City law applies since amalgamation (my first post) it's much stronger in terms of hazaderous trees than the old Hervey Bay (my second post) which as you say mainly deals with overgrowth, but extends to other circumstances via the later sections.

If I understand correctly you have spoken advice from the council. From my experience council response is often be quite different to a 'strong' formal written request. I promise, I've dealt with councils a lot.

I mean, it's your choice, but I wouldn't leave it rest on spoken advice cos they are loath to get involved, but when something is presented in writing they cannot just ignore it.

Whiskers

More than 700 species of euc, many of which are defined by very specific details, such as the structure of seedpods, bark, leaf vein, etc. It is unlikely to be definitively defined by a photo posted here. Even if species is defined, I believe neighbourhood dispute would be no closer to resolution.

Yeah, I know milo, but there are only about half dozen or so of what's commonly called 'gum' species in that area and the main ones are easily identifiable by their appearance to anyone wo knows their trees.

 

[robert toms]

When I didn't know any better I planted a Tasmanian Blue Gum near my house...it grew apace.
If this tree is within reach of your house,and the neighbour will not negotiate...I would be using the danger and unpredictability of eucalypts as my approach to council.When there is a severe wind event I lay awake at night hoping the tree is not going to fall on my house etc.
It sounds like this tree should only exist in the bush,not in a built-up area.

 

[Julia]

When I didn't know any better I planted a Tasmanian Blue Gum near my house...it grew apace.
If this tree is within reach of your house,and the neighbour will not negotiate...I would be using the danger and unpredictability of eucalypts as my approach to council.When there is a severe wind event I lay awake at night hoping the tree is not going to fall on my house etc.
It sounds like this tree should only exist in the bush,not in a built-up area.

Exactly right, Robert. I suspect this is what happened in the case of this tree. All our houses were built about the same time and the ground was bare. I also made mistakes with some of the trees I planted (coming from NZ, wasn't familiar with Aus trees) and had them removed when I realised they would become a problem. Their tree was planted as a 2ft or so seedling.

Whiskers, thank you for advice re writing to Council. I will do this.
Meantime, have emailed a Councillor to ask her advice, if any.

 

[sis]

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

Doesn't work after 3 bottles of round up tree looks great.
I've been told dig a hole beside the tree and use diesel fuel

 

[Logique]

Just noticed this thread, these do not sound like good neighbours.

Get a professional arborist to provide a health report on the tree. There are gum trees and gum trees. Is this one healthy, any hollows, any dead wood in the head, any termites etc. If it was to fall, which direction would it go, over you or over the neighbours? Is there an alternative planting that would work better.

Go to your local council , as Whiskers suggests, with that report in hand. Your every correspondence on the matter should begin with '..I have tried to negotiate with my neighbours and offered to cover costs, but have been continually rebuffed..'.

Having worked through this process, then issue a letter from your solicitor, outlining the situation and legal status of yourself and your neighbours.

These sound like neighbours who will only listen to authority. Also it may finally twig with them that they're being set up to carry future liability. Could even sway them to sell and move.

 

[Julia]

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!