Huge Old Tree Fell from My Property to Neighbours Property in VIC, Who Is Liable?

Lislandgirl123 on 30/08/2018 - 22:18
Last edited 31/08/2018 - 10:10 by 1 other user

Hi all,

A huge (25-30 metre) tree has fallen in the wind from my property on to the next door neighbours. Thankfully nothing was damaged except a wire fence fence, but I think clean up will cost thousand(s), as the tree is very thick.

I assumed that I was fully liable as the tree fell from my side of the driveway, but when I told my neighbour he provided me with an email to send a quote. He hasn’t seen the mess himself, as this is only his holiday house that is vacant most of the year, but I did mention the tree has fallen from our side.

This request to send through quotes caused me to start googling the issue and apparently it’s not as clear cut as I thought! For example, if it had fallen on his house he would claim through his insurance and I would not be required to. Weird!

Anyone know anything about this?

Insurance won’t cover the tree removal itself, and excess is $1000 anyway. Insurance only covers the wire fence that broke, which I can fix for much less than $1000. Does anyone know more about the law on this? Am I meant to be asking the neighbour to go halves in the cleanup? Seems harsh. We live in the bush, so it could happen the other way around anytime!

Financial

Comments

  • spackbace on 30/08/2018 - 22:30

    fallen from my property

    Umm, you really have to ask? Fk me

    What did the neighbours say when you spoke to them?

    If you're in the bush, couldn't you both make firewood out of it?

    • islandgirl123 on 30/08/2018 - 22:35

      I assumed the same as you, until my neighbour asked for a quote when I told him! Then a quick google search and I found that apparently it’s not as clear cut as both you and I assumed, and here I am!

      • spackbace on 30/08/2018 - 22:37
        +1

        I would've assumed it was your responsibility, but your neighbour is OK to go halves?

        Could you both chop it and use the wood?

        • islandgirl123 on 30/08/2018 - 22:41

          Yes I assumed the same until he asked for a quote. That’s what caused me to search the issue on the net and find that it’s not as black and white as I thought (bizarre and really makes no sense to me). I wouldn’t let the neighbour pay half if he’s not actually meant to.

          No fireplace either side, but tree is about a metre thick, so I think it will need special (expensive) equipment to chop it up, no?

        • 87percent on 31/08/2018 - 08:57

          @Nugs:
          See op for fire wood next winter.. That's when he'll finish chopping it

        • CandyMan on 31/08/2018 - 12:44

          @islandgirl123: then sell the wood and repair the fence

        • Ace Ventura on 01/09/2018 - 19:52
          +2

          @islandgirl123:
          I cut fire wood year round, a meter thick is no trouble for anyone who cuts their own wood.
          I'd put an ad on your local fb pages, free fire wood for whoever cuts it up, then you only need to clean up the left over sawdust and bark.

          As for liable, I don't think you are, unless you are negligent, ie, you knew it was dangerous and left it. Otherwise it's considered an act of the flying spaghetti monster, in which case, split costs.

      • Zedsdeadbabyzedsdead on 31/08/2018 - 13:33
        +3

        Make sure you keep a log of everything.

    • HighAndDry on 31/08/2018 - 10:42

      Haha the votes on this thing. I haven't voted but yeah - it'll depend on the condition of the tree, whether OP knew it was liable to fall or just a freak accident. By the looks of it though, the neighbour's going with the 'freak accident' route so seems like it should be all sorted without any drama.

      Figures too - someone who can afford a holiday home and leave it vacant most of the year probably has more money than time, and easily able to afford half the cost of a fence and cleanup.

      • spackbace on 31/08/2018 - 10:55

        Lol yeah kinda made an assumption at the start of the comment which proved to be wrong 😂 Oh well!

  • thatonethere on 30/08/2018 - 22:40
    +11

    Not liable as it was an act of god. Unless the tree was a known hazard (ie rotten or damaged previously).

    However for good relations with the neighbour Id get it cleared and fix the fence.

    Good reference

    http://insurancelaw.org.au/factsheets/when-a-tree-falls-in-a…

    • islandgirl123 on 30/08/2018 - 22:43
      +2

      Thanks, this is the same as what I’ve read online. I think you’re probably right though. Only thing is, the neighbour doesn’t actually live there, it’s a holiday house and empty most of the time. So I’d be building good relations with an empty house, but still feels like the right thing to do.

      Great link, thanks

      • stirlo on 31/08/2018 - 08:05
        +9

        You're still building relations with the owner of the empty house, It's definitely not worth pissing off neighbors even if they're hardly around…

        If it's on a bush block can you just cut the bit on the fence and leave the rest alone? There's plenty of fallen trees in the bush…

        Or put ad on gumtree for someone to cut up and take firewood for free, or ask other neighbors if they want some wood and have a chainsaw?

    • HighAndDry on 31/08/2018 - 08:37

      I'm out of upvotes so…. ^this.

    • jaimex2 on 01/09/2018 - 23:20

      Another good reference: https://www.imdb.com/title/tt0268437/plotsummary

  • Zedsdeadbabyzedsdead on 30/08/2018 - 22:48
    +16

    "Huge old tree fell from my property to neighbours property in VIC, who is liable?"

    The tree.

  • heidisapirate on 30/08/2018 - 23:28
    +1

    This happened to my family a few years back. Our insurance company assessed it and paid us what they thought it would cost to fix. That money went towards hiring a guy to remove the wood, and repairing the fence. Our neighbour didn't pay anything to repair the fence.
    We ended up using some of the money to buy a second hand chainsaw to cut up the wood, which I assume lowered the price of whoever we hired to collect it.

  • Tasmaniac on 30/08/2018 - 23:57
    +4

    I personally blame your neighbour, I mean it's kind of his fault when you think about it. Anyway I'd be asking him if you can still keep the wood after he's paid for it to be removed.

    • HighAndDry on 31/08/2018 - 10:43

      That's a little greedy. If I were OP - so long as it didn't take too much trouble - get quotes for fence and cleanup, deduct income from selling wood, ask neighbour to pay for half.

  • Donaldhump on 31/08/2018 - 00:18
    +1

    Really? Of course it their fault for putting a fence near your tree

    • islandgirl123 on 31/08/2018 - 00:31
      +4

      http://insurancelaw.org.au/factsheets/when-a-tree-falls-in-a…

      I have my answer. It’s considered an ‘act of god’ and both impacted parties are liable.

      “Difficult situations often arise when the tree falls on your neighbours’ property. The neighbour may think you are automatically liable, because it is after all your tree.

      The law about neighbours rights and responsibilities is covered generally by the common law, being the tort of nuisance or negligence.

      Just because the tree is on your property, it does not mean you are automatically liable for the tree falling or dropping branches in a storm.

      For you to be liable, generally you need to be aware the tree is near the boundary and is in a dangerous condition, or belongs to a species which is known to ‘drop’ branches

      If a strong, healthy tree blows down across the fence in a storm, this is considered to be an ‘act of God’ for which there is no liability.”

      • Donaldhump on 31/08/2018 - 00:35

        Yeh maybe, maybe not, been plenty of councils sued for falling trees hurting people, due to not keeping them safe, or removing them etc. not ethical in my opinion. What if your neighbour had a rotten tree and it fell on your kid etc and killed them. Is that an act of god and you would have no qualms over it.

        I think you agree inside but will make your poor neighbour pay for something they had no visibility, care , or ownership over.

        Do the right thing and pay for the damage, don’t be mean

        How would you feel the other way around.

        I’m a tight a$$ but would never make someone pay for this, it’s immoral

        Out of curiosity what if someone does not believe in god, hpthat rule could not apply

        • Donaldhump on 31/08/2018 - 01:53

          All comes down to is tree healthy / rotten. Was it wind that blew it down ?

        • islandgirl123 on 31/08/2018 - 03:01

          Yep, wind. Healthy living tree (well, was)

        • islandgirl123 on 31/08/2018 - 03:01

          That’s the point of this post, to check I’m not shooting myself in the foot by offering to pay for it all when the neighbour has asked me to send them the quotes I get. It feels like the right thing to pay for it all, but when he asked for quotes I had to make sure I wasn’t understanding the situation incorrectly!!

      • outlander on 31/08/2018 - 13:22
        +1

        What the law says and what's common sense to most people are two different things.

        If my neighbours tree fell on my property, and he asked me to pay to clean it up, I might do it because its a legal obligation, but I wouldn't be doing him any favors in the future.

    • Zedsdeadbabyzedsdead on 31/08/2018 - 13:34

      Wood it?

  • oceanlink on 31/08/2018 - 00:21
    +10

    Did anyone hear the tree fall?

  • ScuseMe on 31/08/2018 - 00:32
    +1

    Pffft… That'll teach your neighbour not to mess with nature

  • GangGang on 31/08/2018 - 01:17
    +1

    Fix the fence yourself as you think it will be cheaper then going through insurance.

    Hire a chainsaw, chop the tree up & sell the firewood.

    Profit!!

    • Nugs on 31/08/2018 - 06:21

      chainsaw are not used for chopping

      .

      • GangGang on 31/08/2018 - 07:00

        Cutting a fallen tree.

      • EightImmortals on 31/08/2018 - 09:15

        lols dude, we get downed trees and branches all the time. You NEED a chainsaw to chop the branches down to the point where you can hit 'em with a splitter/axe.

        If the OP wants to buy a chainsaw, check out the Makita range (protip).

        (And the sell the firewood to pay for it. :) )

        • HighAndDry on 31/08/2018 - 10:44
          +2

          I think the point is that an axe chops, a chainsaw saws.

        • Scab on 01/09/2018 - 19:57

          @HighAndDry:

          Texas Chainsaw Massacre says a chainsaw can chop.

    • Peck on 03/09/2018 - 19:48

      And when the chainsaw hits a knot and kicks back and hits you in the face, you can sue the neighbour. Don't mess with chainsaws!

  • artxty on 31/08/2018 - 06:37

    Who owns the tree in the first place?

    how about this scenario:
    your neighbor has a shed, and a very strong wind flipped over the shed into your backyard damaging your fence, and the neighbor tells you "sorry mate, its not my fault, its an act of God, we just split the bill for the fence"

    what will be your reaction?

    • whooah1979 on 31/08/2018 - 07:21
      +1

      Sheds should be build to bca. Some places in Australia requires that these buildings meet cyclone standards.

    • HighAndDry on 31/08/2018 - 08:38

      Lol no. Buildings have to meet code when they're built. Trees not so much.

  • l005e on 31/08/2018 - 07:26
    +2

    Put a gumtree ad up for free firewood. Catch is they have to cut it up

  • chumlee on 31/08/2018 - 08:38
    -1

    In Vic if the fence was fine previously and your tree destroyed the fence you are liable for full cost of fixing or replacing it. If your neighbour is kind enough to pay half take the offer

  • Archi on 31/08/2018 - 09:07
    +1

    I think your neighbour is asking for a quote as he doesn't want to put in the labour to cut up the tree. he is willing to go halves with you to dispose of the tree.

  • the Unforgiven on 31/08/2018 - 13:08

    ask the local store, apex, firies, ses, etc, if they want some firewood, they may even fix the fence for you

  • Filbert on 31/08/2018 - 13:17
    +1

    Hi Islandgirl123
    Whereabouts in Melbourne/Vic are you?
    Always looking for Firewood.

    • islandgirl123 on 01/09/2018 - 20:43

      The Gurdies!

      • Filbert on 01/09/2018 - 22:48

        Ahh no!
        Long way from Panton Hill, but thanks for responding.

        • islandgirl123 on 01/09/2018 - 23:18
          +1

          No worries. Bummer! Thanks for asking though :)

  • drprox on 31/08/2018 - 13:21

    Easy one. Your problem/fault as it's your tree. But heck if ya neighbours wants to pay some that's their call and go for it.

  • outlander on 31/08/2018 - 13:24
    +1

    30m tree? Jeez. What species of wood is it? You might find a woodworker who might want to use it for carving something if its very thick.

  • [Deactivated] on 01/09/2018 - 19:26
    +1

    should of invested in a dashcam

  • Soluble on 01/09/2018 - 21:17

    Neighbour's trampoline blew straight through a 2.5k cubby house/play set/swing thing. Aparently it was no one's fault according to our insurance. Crock of shit. Was 8 days old and took me a week to put up. 'nature'

  • JetBombat on 01/09/2018 - 21:46
    +1

    Post on a local facebook page (i.e. woodworking), I am sure folks will be happy to get themselves free material to work with.

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