Dispute - Neighbour's Large Tree Completely Shadowing My Home

jlim87 on 03/10/2019 - 00:51

Hey guys,

So my neighbour has a massive 3 storey high tree that is overshadowing my backyard. I get very little sun because of this, and even my other neighbour is affected by this. A friend said that they had a similar tree removed from their home for about $3-4k in the past so I assume that's a ballpark figure for a large tree.

I've mentioned this to them 6 months ago but they haven't done anything. I know the next step is to get the council involved which I will. I just don't have an extra $2k to chip in (if it comes to that) right now so I'm not in much of a hurry. I just want to prepare and do my due diligence in case anything happens. I've had lots of branches fall into my backyard over the years and I was thinking if it ever falls and damages my property, I wanna make sure I've at least put in the steps to showcase that I've informed them about it already so at least they're held responsible.

So my question is:-
- from a legal standpoint, lets say that trees gets hit by lightning one day, falls and damages my home, and they had prior notice of this very large tree that they didn't do anything about, who's liable for paying for damages?
- does anyone have experiences to share on how they resolved this issue if they encountered something similar?

Home & Garden

Comments

  • Untameable on 03/10/2019 - 01:25
    +67

    You can’t control what trees someone else has on their property. They are not liable for lighting hitting their tree and then damaging your property, that’s what your insurance is for.

    If it damages a fence some councils have both owners pay half costs. That’s as far as it goes.

    The only other case where they could even possibly be liable is if they were negligent; specifically if a reasonable person would know the tree was unhealthy, diseased, termite ridden, and they did nothing. Lightning doesn’t count (you can’t control lightning, every tree doesn’t get hit by lightning, and you can’t chop down every tree on the off chance it attracted lightning) and those other cases would be for your insurance to chase up not you.

    IANAL

    • kahn on 03/10/2019 - 01:33
      +154

      IANAL

      What you do in the privacy of your own bedroom is your business. There's no need to announce it here.

      • poboy on 03/10/2019 - 08:46
        +17

        Sounds like he's envious of his neighbour's wood.

        • Austrian Oak on 03/10/2019 - 16:33
          +14

          Sounds "shady" to me.

      • ronnknee on 03/10/2019 - 09:36

        We have to. ISLEEP

      • seal the deal on 03/10/2019 - 20:56
        +1

        But seriously, what does it stand for? Too scared to Google it.

        • kahn on 03/10/2019 - 21:56
          +5

          I am not a lesbian lawyer.

      • [Deactivated] on 06/10/2019 - 05:52
        +1

        What you do in the privacy of your own bedroom tree-house 😉 , is your business. There's no need to announce it here.

    • jlim87 on 03/10/2019 - 01:52

      Thanks for your opinion. It's a fair and logical one. I should probably refresh my memory on what's covered in my home insurance. It's just a really massive tree and it could literally destroy my home if it ever fell. I always assumed the insurance company would squirm their way out of a claim like that.

      • mskeggs on 03/10/2019 - 06:19
        +7

        That is a faulty assumption. They would be on the current affairs shows as Australia’s dodgiest insurer if they tried.

      • tomsco on 03/10/2019 - 09:18
        +3

        What makes you assume it's going to fall?

        • sghetti on 03/10/2019 - 16:24
          +39

          The fact that he doesn’t like the tree

      • geoffs87 on 04/10/2019 - 08:21
        +12

        Are you going to stop every car from driving down your street because some random unlikely event could happen to cause it to crash into your house?

        Probably a bad example, but if that tree is 3 stories high, I imagine it’s been there a very long time, and withstood thousands of storms, I think you’re safe,

      • p1 ama on 04/10/2019 - 23:29

        It's just a really massive tree and it could literally destroy my home if it ever fell.

        Hurricanes can also destroy your home.

        So can bush fires.

        So can a car flying through your front wall.

        So can a plane falling from the sky.

        So can a vandal walking past with a baseball bat.

        So can a flood on a rainy day.

        So can an earthquake.

        Let's not forget about a zombie apocalypse.

        Or what about if aliens came and took your house away?

        Is your neighbour responsible for all those events too?

    • [Deactivated] on 04/10/2019 - 11:08
      -1

      It’s likely the neighbour is liable for the damages.

      Refer to the Fences Act 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.

    • supersabroso on 04/10/2019 - 14:02
      -5

      This isn't all fun and games, get the insurance to cough up if something happens ha ha. People need to understand that trees this size are blatantly dangerous and can drop branches that will crush and kill people under it. In the event that it gets hit by lightning and crushes a house, it could easily orphan an entire household by killing the mum and dad simultaneously. This is a serious problem and many Australians die every year because of this, even when just driving by in the streets.

      If it's growing over your property your neighbor cannot refuse to let you trim it down (on your side only, you own it), however you'll need to pony up if it's important to you. They are not liable for any costs as they did not plant that tree and they are not running a business.

    • nurbsenvi on 05/10/2019 - 13:46
      +1

      And you have my AXE!

    • eegos on 05/10/2019 - 22:06

      wondering how about if a strong wind blow the branch / break the tree and damage other property?
      because we used to have a palm tree, and we cut it down because of we afraid this thing happen.

    • [Deactivated] on 06/10/2019 - 09:59

      Oh, you're a legal and insurance expert! Lucky you! You don't need insurance - that's what insurance is for. Hey, that sounds stupid too.

  • garetz on 03/10/2019 - 01:27
    -4

    This exact same situation happened to me, a tree that was not maintained by a next door neighbor was hit by lightning, fell, and damaged the fence, they were notified of the danger 2 years previously but did nothing. Both he and i had to split the cost of the repair of the fence.

    The legal cost would of been over the cost of just paying for the half cost of the fence, so basically unless you want to pay alot more, its not worth the effort even then you are likely to lose the case.

    • jlim87 on 03/10/2019 - 01:53

      Thanks for the insights. That makes sense. I just hope they'll eventually do something about it instead of waiting for something to happen.

    • bmerigan on 03/10/2019 - 23:09

      E=Sounds a bit like there was nothing wrong with the tree and you predicted the lightning

    • JimmyF on 04/10/2019 - 03:35

      hahhaha a tree hit by lighting is going to drop a branch regardless.

    • geoffs87 on 04/10/2019 - 08:22
      +9

      Why did you notify them of? That they had a tree?

      • SummerZero on 04/10/2019 - 11:48

        Maybe that lightning was going to strike it lol

      • garetz on 04/10/2019 - 15:20
        -1

        That it is dangerous not to maintain trees on your property, and is a fire hazard. Like i already said, not maintained.

  • Farrba on 03/10/2019 - 01:30
    +1

    who pays if the tree is slowly pushing the fence? its growing and will damage sooner or later.

    • bcarp on 03/10/2019 - 01:39

      Talk to the council. In our area, our large native tree's roots were causing the neighbour driveway to lift & concrete sections were no longer flat. This was not a valid ground to have the tree removed. And damaging the roots was not an option, eg. to prevent further damage to the driveway. The driveway was repaired as best possible, and that was it.

      • pumpkins on 04/10/2019 - 21:32
        -3

        Damaging the roots was not an option? I've never seen this stated. Just dig down to the root on your side of the fence, cut the root completely, apply Glyphosate liberally, and backfill. Completely within your rights as the roots are on your property (just make sure it's not on the verge/council property).

        You are only protecting your side of the property, but interacting with something growing on your property. No way they can touch you for doing that.

        • derrida derider on 05/10/2019 - 13:51
          +2

          Absolutely idiotic. Killing the roots is a surefire way to ensure the tree blows over in the next storm. And your legal entitlement to do this is also very questionable as you are still doing malicious damage to someone else's property; you could be charged with a criminal offence, not merely sued.

          If it's struck by lightning and falls on OP's house then OP's insuracne will cover it and the insurance company will go after the neighbour or their insurance to recover the payout - less of course any excess. You may then be theoretically entitled to get the excess back from yuor neighbour but it is unlikely to be worth the time, stress and general unpleasantness to legally fight them over a couple of hundred dollars.

          • trapper on 08/10/2019 - 17:03

            @derrida derider: The roots on your side of the fence are not someone else's property though, so chop away.

            Applying the glyphosate is debatable though. :)

            edit: Actually I think they are technically still the neighbours property. You are still allowed to chop though, they just need to be returned to the neighbour after you chop em out

    • poboy on 03/10/2019 - 08:48
      +2

      Most council's won't get involved. They leave it up to the parties to sort it out. Depending on your council, if a tree branch overhangs your fence you are allowed to cut it back to the fence line.

      • abuch47 on 03/10/2019 - 17:10

        and allowed to place the clippings over the fence

        • [Deactivated] on 04/10/2019 - 11:53
          -1

          This, however is considered a dick move.

  • spackbace on 03/10/2019 - 03:40
    +95

    What came first, you moving into your house or a big tree being next door?

    • [Deactivated] on 03/10/2019 - 09:05
      +85

      The sense of entitlement before all else.

        • timetoquit on 03/10/2019 - 22:25
          +5

          think of it this way, the shade has protected your clothing/garmets all these years effectively saving you money! :)

        • SnakeCasablanca on 04/10/2019 - 08:26
          +6

          The point is that you are looking for reasons to have the tree removed. But everyone else can tell that the core reason is that you dont like it and that you want to impose your will unreasonably on someone else.

        • [Deactivated] on 04/10/2019 - 08:55
          +9

          Dear neighbour,

          I live next door and I would like to bring to attention a problem you may be able to assist with.

          From the approximate hours of 2pm-sunset, my small backyard is shadowed by a structure erected on your property. This shadow is depriving me of the enjoyment of my land.

          The aforementioned shadow casts a dark and grim mood on my garden and I fear under certain conditions, some of the roofing and gutter may detach and cause severe sexual trauma to my pet gerbil.

          I suggest we immediately remove the 3-bedroom 2-bathroom or alternatively, help me annex the land adjacent my backyard so I may fulfil the desired outcome of my real estate acquisition.

          I come to you with neighbourly spirit and wish our families generations of mutual consideration.

          …or I will engage my legal practitioners.

          Warmest regards

        • [Deactivated] on 04/10/2019 - 11:47
          +9

          You saw the tree before you moved in, and decided to buy the property anyway. The only party at fault here is yourself. What kind of idiot cries about a tree next door AFTER choosing to live there?

          • Name on 04/10/2019 - 16:46
            +4

            @[Deactivated]: The same kind of person who buys next to an airport and demands they change the flight path or make the curfew earlier. Idiots everywhere.

        • rave75 on 04/10/2019 - 15:39
          +1

          Should notice that before you bought the house! Duh.

        • Baghern on 04/10/2019 - 16:11
          +1

          It is entitled if it was there before you.

          You knew what you were buying

        • [Deactivated] on 04/10/2019 - 18:38
          +1

          You would have factored in this "private nuisance" when you made an offer on the house, wouldn't you?

        • Mechz on 05/10/2019 - 00:27
          +1

          You're like the neighbour who moves in next to a pub then complains about the music.

    • dufflover on 03/10/2019 - 22:42
      +16

      This thread reminds me of people who move into a place near an airport or a RAAF base then complain about the noise.

      • geoffs87 on 04/10/2019 - 08:25
        +5

        I almost think this is worse. Trees literally keep us and many other things alive.

        But correct, the tree would have been there much earlier than OP moving in. If they were so concerned about due diligence, it’s a wonder they didn’t do any about their home before moving in…

        • cameldownunder on 04/10/2019 - 09:12
          +5

          I would like top complain to the council, to remove all trees in my neighbourhood, as the birds singing in the morning wake me up !

      • Baghern on 04/10/2019 - 16:13
        +1

        The one that repeatedly comes up is move near a pub/music venue then complain

  • Sammy2000 on 03/10/2019 - 04:02
    +11

    Don't live in a green area.
    Neighbours tried this on me once before in a rental, then complained about too much sun, heat and had multiple air conditioners installed instead.
    Was better with the trees.

    • ThithLord on 03/10/2019 - 09:15
      +4

      Who the eff whinges about too much shade in Australia? haha!

      • jm48 on 03/10/2019 - 12:10
        +4

        Anyone who gets no winter sun because of shading.
        Not saying this gives people the automatic right to have trees removed of course.

      • idonotknowwhy on 03/10/2019 - 16:44
        +3

        Or someone who wants to go off-grid with a solar installation?

      • Bargainbeth on 04/10/2019 - 14:21

        People who hang their clothes in the backyard and in winter have to hang clothes out 2-3 days in a row because of the shade, then some of the clothes smell funny and need to be re washed.

        • Musing Outloud on 05/10/2019 - 14:12
          +2

          Strange! I hang my clothes in a wardrobe, but each to their own in the privacy of their backyards…

          • Bargainbeth on 05/10/2019 - 15:01
            +2

            @Musing Outloud: That's weird.. I like to use my wardrobe for sitting as it's cool and shady in there :P.

  • whooah1979 on 03/10/2019 - 05:21
    +2

    I've had lots of branches fall into my backyard over the years

    This sounds like the common Widow Maker. There is little to chance that council is going to force the owner to prune or cut it down. It’s either buy insurance or move out.

    • ihbh on 03/10/2019 - 06:28
      +4

      It’s either buy insurance or move out

      There is always a third option: prune the parts of the tree on your side.

      • whooah1979 on 03/10/2019 - 21:46
        +2

        Pruning a 9 metre gum tree safety over the fence is no easy task.

  • elgrande on 03/10/2019 - 05:46
    +14

    I've mentioned this to them 6 months ago but they haven't done anything.

    LOL, just LOL.

    • rave75 on 04/10/2019 - 15:44
      +3

      LOL. That is called "entitled". Hey mate, you got a big ass tree there, can you cut it down please. It will only cost you $3-4k. I expect it to happen within 6 months alright!

    • Euphemistic on 03/10/2019 - 19:20

      If you weren’t neighbour i wouldn’t have the money to do it either. You want them gone, maybe you can pay for it.

    • rave75 on 04/10/2019 - 15:45
      +1

      So people always have money laying around in case they need to cut 3 big trees? What's with these entitled people nowadays.

      • onetwothreefour on 04/10/2019 - 15:58

        Well he told us when we moved in that he was going to cut them down and more than a few times after, this was before we started asking him when he was going to cut them down. He also used to like to brag about how much money he earned. He's just lazy and probably wants us to pay to have them cut down.

        • rave75 on 04/10/2019 - 16:37

          Brag doesn't mean the truth. Even if it did, maybe he got expenses (kids, etc?) I mean if the role is reversed, would you pay $thousands to cut your tree because the neighbor asked you to?

          • onetwothreefour on 04/10/2019 - 16:43

            @rave75: I removed a number of trees from my place when I moved in, he did complain about them but that wasn't why I removed them.

            Also yeah he probably was lying about how much he earned, like when he said he was going to cut the trees down and other stuff he told me that wasn't true.

        • [Deactivated] on 04/10/2019 - 18:41

          He's just lazy and probably wants us to pay to have them cut down.

          Why don't you then?

          • onetwothreefour on 04/10/2019 - 20:29

            @[Deactivated]: Why should I when I have already spent a lot of money removing trees and he also wants to cut them down he just doesn't want to pay.

            • [Deactivated] on 04/10/2019 - 21:19

              @onetwothreefour: It all depends on how bad you want those trees gone, I guess.

  • EightImmortals on 03/10/2019 - 06:24
    +4

    We had a similar issue with one of our trees, the neighbour was worried about a large branch which 'may' have hit their roof if it ever broke off. I said they are welcome to have the branch removed, which they did at their expense.

  • try2bhelpful on 03/10/2019 - 06:37
    +1

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

    I would talk to council and see if the dropped branches means it:
    is near the boundary and is in a dangerous condition, or
    belongs to a species which is known to ‘drop’ branches

    I think it sucks you are liable for damage from their tree but I would make sure you have suitable insurance.

  • bohn on 03/10/2019 - 07:44
    +2

    The only way you can force a tree to be cut down is if it is unhealthy.
    An arborist would prepare a report saying that it needed to come down. DO NOT TAKE THIS AS ADVICE TO POISON THE TREE. I am not saying that at all.
    It is criminal and if you were caught you would get in a lot of trouble.

    • skid on 03/10/2019 - 10:27

      My a-hole neighbour did this to our tree all because the pine leaves would fall into his pool. I saw him doing it but didn't know it was a crime.

      • derrida derider on 05/10/2019 - 13:55

        Of course it's a crime, no different from if he'd graffiti'd your house. Its "malicious damage" (that is, vandalism").

    • digitalbargain on 04/10/2019 - 06:53

      ..how dare you!? sobsob

  • profar on 03/10/2019 - 08:50

    Someone drilled holes into the tree and poured sulfuric acid trying to kill a tree blocking their bay view near us .

    • Laziofogna on 03/10/2019 - 10:00
      -3

      Don't complain when someone will draw a dick with a key on your car bonnet next time

    • unelectric on 05/10/2019 - 01:25
      +4

      There are councils in Sydney that will block the newly created view with a banner and only remove the banner when the replanted tree is fully grown.

  • [Deactivated] on 03/10/2019 - 09:02
    +23

    Damn trees growing 3 feet in diameter and 30 feet up overnight.

  • gaz3342 on 03/10/2019 - 09:05
    +10

    Can we see an MS Paint of the tree and your house please?

  • Eeples on 03/10/2019 - 09:19
    +13

    If a tree falls on to a house and there is no MS paint diagram did the tree actually fall?

    • [Deactivated] on 04/10/2019 - 18:44

      There is one now…which begs the question , if your house is not in the MS paint, did you even have a house to begin with?🤔

  • Ryanek on 03/10/2019 - 09:52
    +1

    So you're throwing in an act of God in your dispute? Crikey.

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