Neighbour Has Problem Tree and Won't Talk to Me - What Are My Chances at Court

brownbag on 19/07/2019 - 14:24
Last edited 19/07/2019 - 14:29

My neighbours are landlords and they have an extremely large and unhealthy looking pine tree that has already caused damage to the foundations of my house and it also casts quite a lot of shade. I've asked the neighbours (via the real estate agent) if there is anything we can do to restrict this damage and also offered to help contribute to cutting it down, but they refuse to respond. They basically refuse my requests to even discuss the matter.
I have tried mediation but they haven't responded to any letters from the mediation centre as well and my next option is to take them to court.

I'll probably need an arborists report if I'm going to get anywhere with the court but I already have the building inspection from when I purchased the house 18 months ago with identifies the cracks in our building caused by issues with our foundations.

I'd like to know if anybody has any insight into the process. How much does this sort of thing cost? How do these things usually work out?

Home & Garden

Comments

  • [Deactivated] on 19/07/2019 - 14:27
    +8

    You know you have a problem tree when it won't talk to you.

    • brownbag on 19/07/2019 - 14:29

      I didn't say, "it won't talk to me". :)

    • HighAndDry on 19/07/2019 - 16:25
      +4

      Maybe it's a teenager tree, just going through a phase?

      • [Deactivated] on 19/07/2019 - 18:52
        +9

        Must be the "leaf me alone" phase.

      • JIMB0 on 20/07/2019 - 12:31
        +3

        Maybe it's just a lonely tree waiting for someone to branch out to it.

  • [Deactivated] on 19/07/2019 - 14:29
    +11

    …I already have the building inspection from when I purchased the house 18 months ago with identifies the cracks in our building caused by issues with our foundations.

    The report says you have a problem with your foundations, not the neighbour's tree.

    You'll need a report that demonstrates causality.

    • brownbag on 19/07/2019 - 14:30

      yes, that would be the arborists report that I'd need to get.

      • [Deactivated] on 19/07/2019 - 14:32
        +11

        Then you should get the report. You're not getting anywhere without compelling evidence.

        • Kangal on 19/07/2019 - 16:32
          +1

          Nah, first need a OzBargain post and the necessary MS Diagram.

          • Seraphin7 on 19/07/2019 - 17:48
            +6

            @Kangal: This is true. Stapling OzB responses, particularly those that endorse your MS Paint diagram, to your court filings only adds weight to your argument.

            Or even better, spring the OzB forum log on the other party in court with a "WELL, WHAT DO YOU HAVE TO SAY ABOUT THIS?!?" as the weighty tome slams the table and echoes through the court above the gasping of members of the public gallery and the quiet weeping of the defendant's wife.

            • [Deactivated] on 19/07/2019 - 18:54
              +2

              @Seraphin7:

              …adds weight to your argument.

              Adds weight like cement shoes. Technically still adding weight so that's technically correct.

              The best kind of correct.

  • [Deactivated] on 19/07/2019 - 14:30
    +2

    How can you be so sure the tree caused the damage to your foundations?

  • cheeseandbacon on 19/07/2019 - 14:35
    +21

    So your foundation is quite literally rooted?

  • foxmulder on 19/07/2019 - 14:57
    +1

    Tree issue reports to council.

  • poboy on 19/07/2019 - 15:04
    +5

    Have you Googled?
    https://www.disputes.vic.gov.au/information-and-advicetrees/…

    Cut and paste:

    A neighbour's tree is causing damage to my property. What can I do?

    It’s likely your neighbour is liable for the damages. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. Other damage like roots cracking pipes, foundations or pathways is usually covered under property law.

    It’s always going to be better to try to negotiate a solution first. Going to court is very expensive and can take a long time, so reaching a private agreement will avoid a lot of hassle. You can speak to us (DSCV) about mediation. It’s free, confidential and we work with parties to help them resolve their disputes without the need to go to court. Get in touch with a Dispute Assessment Officer via our contact page or call us on 1300 372 888. We can arrange for both parties to meet in a neutral environment, along with two trained mediators, with a view to reaching a resolution.

    It’s a good idea to get together as much information as possible so you can have an informed discussion with your neighbour. This could include:

    1. an arborist’s report showing that the tree caused the damage
    2. photos of the damage
    3. a quote for the costs of removal or repair.

    Remember, if you were to attempt mediation or if you decided to go to court, you’d need most or all of this anyway. Plus, it’s not unreasonable for the other party to want it.

    • Typical16-bitEnjoyer on 19/07/2019 - 18:46
      +3

      Googling involved effort. Far easier to create a forum topic on a bargain website.

    • Boshait on 20/07/2019 - 10:31
      +1

      Cut and paste

      That's the answer right there. Cut it down and paste glyphostate on the stump.

      • MrBear on 20/07/2019 - 13:07

        glyphostate

        don't kill the bees please

      • Euphemistic on 21/07/2019 - 13:28

        Noooooo. Canccceeeerrrrrr!

  • altomic on 19/07/2019 - 15:23
    +1

    interesting ABC news article

  • HighAndDry on 19/07/2019 - 16:25
    +1

    Get the arborist report showing the tree is causing the issue. Research if you would need council approval to cut it down (usually required for larger trees). Send a letter via registered post to the owner/their managing agent.

    I have tried mediation but they haven't responded to any letters from the mediation centre as well and my next option is to take them to court.

    You did this without actually getting an arborists report first showing they're responsible for the damage. Any rational person would ignore you.

  • robbyjones on 19/07/2019 - 16:47
    +1

    So, you knowingly bought a house with foundation issues and a tree that may or may not be the culprit but casts shade anyway and you want the neighbour to pay without any evidence that this is correct. Yeah, good luck with that, i'd ignore you also.

    • [Deactivated] on 19/07/2019 - 18:58

      OP and this tree has bad blood/sap.

      I suspect OP located the whereabouts of this particular tree, influenced the property market so the residents sold the house, purchased the property and his master plan is just one step from fruition.

      The cunning bastard.

  • Typical16-bitEnjoyer on 19/07/2019 - 18:49

    I'd like to know if anybody has any insight into the process.

    Yes.

    How much does this sort of thing cost?

    It varies.

    How do these things usually work out?

    One party happy, the other party not happy.

    Get an arborist’s report before going any further.

  • Melb69 on 19/07/2019 - 19:34
    +1

    You bought the property and the existing large tree was already there. Should a pre inspection report not have picked this up or likely signs of any previously foundation issues. Save yourself some trouble and rather than blame the other person like everyone else on here that needs help and take it on board yourself. Rather than offer to pay some of the tree removal offer the neighbour something. You have the problem not them. They love trees(SIC). Offer to pay for the whole tree removal and maybe a replacement small tree to their choosing or the like.

    How old in the house you purchased. Is it a new house? If that is the case the new buildings foundations should have been considered. Good luck anyway. It's frustrating I know. Bye the way. Cost for large tree removal $2-5k+. Still a lot cheaper than court I suspect.

  • ihbh on 19/07/2019 - 21:51

    Have you considered that even if you "win", the beneficiary could be the seller? If you get any portion of it, it might not cover legal costs, unless neighbour has to pay for these.

  • JimmyF on 19/07/2019 - 22:11
    +3

    I already have the building inspection from when I purchased the house 18 months ago with identifies the cracks in our building caused by issues with our foundations.

    Then why did you buy it!?

  • boccos on 20/07/2019 - 10:57

    To the best of my knowledge Palm trees have a ball root. Not really possible to have a Palms spreading root cause your damage. Look for other reasons for the problem.

    • MrBear on 20/07/2019 - 13:09
      +1

      Great tree knowledge, but he clearly states "pine" tree, not "palm" tree.

      • boccos on 21/07/2019 - 15:04

        Sorry, misread it.

        • altomic on 21/07/2019 - 22:29
          +3

          <face pine>

  • whooah1979 on 20/07/2019 - 11:06
    +1

    pine

    Cut any branches that hangs over the fence down and return it to the owner.

  • Gekov on 20/07/2019 - 12:51
    +2

    If it's the tree causing damage to your foundations, it should be possible to dig down between the tree and your foundations to cut out the tree roots.
    Then install a permanent barrier between the tree and the foundations.

    PROBLEM SOLVED!

    … so easy ….

    • whooah1979 on 20/07/2019 - 13:39
      +1

      Don’t cut the roots. A 20kg of sodium chloride may be a better and more permanent solution.

      • Euphemistic on 21/07/2019 - 13:31
        +1

        Sodium Chloride? That sounds dangerous. Do I need a licence and where can I get some?

        I’ve heard it is easier to apply if mixed with Di-hydrogen monoxide as well.

  • Brucet on 20/07/2019 - 16:40

    simple solution.
    Water that tree with the white king every week. Then you will see a good result without anyone noticing it.
    BUT keep secret.
    Good luck.

    • HighAndDry on 22/07/2019 - 15:53

      It's a big tree. OP's goal is to REDUCE damage to his property. A tree falling on it is likely to cause a fair bit.

  • 82norm on 20/07/2019 - 17:24
    +1

    Get 1000 litres of roundup and drip feed it near your fence. Give it 3 months…. magic happens. Bye bye pine tree and everything within a 5 metre radius.

  • HeWhoKnows on 20/07/2019 - 20:00

    There was a similar post in the last couple of weeks.

    Have you tried talking to council?

  • LFO on 21/07/2019 - 21:23

    You should move out. The tree was there first. Seniority rules.

  • brownbag on 22/07/2019 - 06:35

    To the jokers - ha ha.

    To all the sarcastic and rude people who commented on here, it is wise, before spending significant amounts on arborists, to get some general advice from others who may have experienced similar issues. That is what I was hoping to get out of this forum and I think that is quite reasonable and in fact, wise. So your sarcasm and disparagement is not appreciated.
    Here are some facts for you:
    - I did get some advice from a friend who is an arborist but he doesn't write reports so I am researching before I decide to pay someone else for an official report.
    - I went through the dispute resolution centre who didn't suggest that I needed an arborists report first. I have followed their advice throughout the process.
    - My letter to the neighbour was a friendly one just saying that the trees caused shading issues, could cause foundation issues, and were likely to cause damage.
    - I offered to contribute towards the costs of removing the tree.
    - I did google first.

    To those who were truly helpful - I am not convinced that the tree has caused my foundation issues but engineers who looked at the structural issues in my house suggested that this was the case. The arborist (who looked and hasn't yet written a report) said that the tree was quite unhealthy but it was anyone's guess whether it was dangerous. He also gave me some suggestions as to minimisation of damage to foundations, as suggested here.

    To those suggesting that I harm the tree, I'm not sure if that would help, given that it could fall on both our houses.

    • Gekov on 22/07/2019 - 10:48

      "To those suggesting that I harm the tree"

      HMMM …

      Cutting out the roots between your foundation & the tree & installing a barrier, would likely not harm the tree enough to cause it to fall over.

      Maybe this solution is to logical & simple for ozbargain.

      • brownbag on 22/07/2019 - 11:06
        +1

        Maybe not, but I suspect killing it with round-up, salt or Di-hydrogen monoxide may be a bit more of a problem.

        • HighAndDry on 22/07/2019 - 15:55

          or Di-hydrogen monoxide

          …

          In any case - dispute resolution centres are STILL one step after talking to your neighbour, which includes all the relevant info. And that relevant info includes an arborists report. You're still cutting corners.

          • brownbag on 22/07/2019 - 16:44

            @HighAndDry: I'm not really cutting corners. I'm trying to make sure that I don't throw good money after bad.

            • HighAndDry on 22/07/2019 - 19:08

              @brownbag: Approaching your neighbor with a claim without an arborist report showing they're responsible at all in the first place is cutting corners.

              Imagine you get the report and the tree has nothing to do with your structural issues.

              Everything else you've done to date would have been wasted.

              • brownbag on 23/07/2019 - 08:22

                @HighAndDry: I suppose I should have included my correspondence to them in this post which is not a claim but just a suggestion. It basically says:
                - Hi, I'm your new neighbour
                - the tree is very large and casting a lot of shade on both our houses and gardens
                - it may have caused structural damage to my home and may cause further structural damage to both our homes
                - I'd like to discuss how we can help prevent this damage by dealing with the tree.
                - I'm happy to contribute towards any costs.

                No claim, just a friendly letter with some potential problems highlighted and a request for a chat.

                So hence at that stage, while just trying to have a friendly chat with a neighbour, an arborists report is not necessary.

                • HighAndDry on 23/07/2019 - 11:03

                  @brownbag: I really don't want to keep harping on the same topic, but:

                  • it may have caused structural damage to my home and may cause further structural damage to both our homes
                  • I'd like to discuss how we can help prevent this damage by dealing with the tree.

                  This is where you jumped over a step. "It may have caused…" straight to "I'd like to discuss…".

                  If you want them to do something, you really need to show them that it HAS caused the issue, not just that it may have caused it. And adding "it's casting shade" as your first point? Completely irrelevant and again to be blunt, I would've ignored you too.

                  Just because your letter is polite doesn't mean it's okay or that it deserved a response. Also, just because it's framed as a suggestion doesn't mean it's not a claim or the obvious precursor to a claim. The two aren't mutually exclusive. They did the legally smart thing by ignoring you, because unless and until you actually have proof and start actual action, anything they say can only hurt them down the line.

                  Consider this: They know they have a tree. The tree is still there. Very obviously they've decided to keep the tree.

                  • LFO on 24/07/2019 - 22:36

                    @HighAndDry: Clearly the shade is the real big issue.

                    Shade that they didn't notice or chose to ignore when moving into that property.

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