Next Door Neighbours Tree 1cm Away from My Fence

Jumpup on 01/06/2020 - 15:24
Last edited 01/06/2020 - 22:32

We just purchased a block of land and the Neighbour has a Eucalyptus tree that is 10 meters tall against our fence, it’s about 1cm from knocking the colourbond fence down. There is no overlay or protection of trees in our area.

What should I do? And what are my rights?

Update: I purchased a house on a block of land that was over 60 years old. This tree was planted exactly 10 years ago when the Neighbour built townhouses. I’ve done some research online and found advertising photos when they first built it. The Gumtree was planted within 20-30cm from the fence.

Home & Garden

Comments

    • Jumpup on 01/06/2020 - 23:36
      -3

      Don’t be paranoid. It’s a real question.

      • Capo93 on 02/06/2020 - 10:12
        +1

        I’m not being paranoid, reading some of your questions and comments is quite concerning if you’re not trolling.

        “Are you sure? As a friend of mine claimed council land (next to the side of his house) he planted all sorts of trees then he put his fence around it and apparently it’s his.”

        • capslock janitor on 02/06/2020 - 10:17
          +4

          sounds like an idiot

          buys land as is on the spot then comes to ozbargain for advice with whole Lot of misinformation coming out his ass

      • fatz on 02/06/2020 - 12:58
        +1

        Then you will be a hard neighbour to live next to… Most likely you will be the problem. No the tree.

  • B3nji0172 on 01/06/2020 - 21:27

    Is there tree law in Australia?

    If so, i can't wait for r/legaladvice post on this.

    • [Deactivated] on 01/06/2020 - 22:43

      Trees are a simpler kind. They only have commandments.

  • Logical on 01/06/2020 - 21:29

    The roots of the tree extend past its canopy, so if you are looking at building a house within the tree canopy area then expect movement of your foundations leading to cracking of footings/slab etc.

  • Wallyt99 on 01/06/2020 - 21:43
    +1

    Cut it down! Cut all the trees down! It's not like they do anything useful like providing the air we breathe.

    • smartazz104 on 01/06/2020 - 22:52
      +5

      Yes but what have the trees done for us lately?

      • OzzyOzbourne on 02/06/2020 - 10:05
        +1

        Coronavirus?

      • CocaKoala on 02/06/2020 - 10:29

        You mean, other than providing you with air to breathe?

  • John Kimble on 01/06/2020 - 21:55
    +18

    Set a reminder once a year to get a strong vegetable peeler (or maybe a wood plane) and in the middle of the night start shaving away at the part of the tree closest to your fence.

    Make sure not to shave away too much, only so the 1cm gap is maintained.

    Alternatively you could try and plant a competing/pair tree on your side of the fence, but the neighbour's tree has got a bit of a head start, so you might need to research and plant a tree that grows super fast. But then you'll have to maintain/trim this super fast growing tree also, so that might get tedious or cause damage to your home or the suburb if left unchecked.

    Hope that helps.

    • Jumpup on 02/06/2020 - 00:29
      -1

      Good idea. I will dig up the roots as the other poster below mentioned then I will plant my own tree to slow the growth.

    • timetoquit on 03/06/2020 - 00:40
      +1

      @ John Kimble -hahah this gave me a chuckle.

  • Androo305 on 01/06/2020 - 22:26
    +3

    Your rights? It's not on your property so you can't do anything about it. That said, be nice to your neighbour and approach them to discuss the tree and see how they feel about the tree itself. The fence isn't solely yours, it is half yours half said neighbour.

    I suggest you check your council tree laws around how far it should be from a liveable wall and a fence. Talking from experience, in my particular area a tree of its size shouldn't be 2m from a fence and/or 3.5-4m (can't remember now) from a liveable wall.

    Long story short, 28m tall eucalyptus tree, destroying property/cars and neighbouring property/cars/boat in the end agreed to cut down and plant new tree. Council stated can't be placed on garden bed, near fence and/or liveable wall. While a small tree all is fine, hit them with facts it will grow and it will be in those thresholds (they came and inspected) the replacement tree was donated to council instead.

    It isn't going to go magically, trees are important though endangering life is another story. Good luck!

    • Jumpup on 01/06/2020 - 22:38
      -1

      Thank you finally a normal response

      • D C on 04/06/2020 - 00:18

        Here's a better response, how about not worry about it?

        My neighbours tree is growing about 15cm into my yard. The fence was put up around the tree, or if you prefer, one of the fence posts is really really big.

        I like trees.

  • moggott on 02/06/2020 - 00:01
    -2

    Dig a garden right next to that section. If you encounter any large roots as you dig your garden on your land remove them then apply a substance that will stop said roots from continuing to encroach onto your land.

    • Jumpup on 02/06/2020 - 00:27

      Sounds like a good idea as I wanted to plant my own plants.
      Will this make the tree fall? Gum trees have shallow roots.

      • Hangryuman on 02/06/2020 - 14:12

        'Gum trees have shallow roots'

        I did not know that. I'd be more worried about 'widowmaker' gum trees - that silently drop branches from a height without warning, and anyone standing under at the time is likely to be killed

        that could be one end to your problems …

        • Jumpup on 02/06/2020 - 22:29

          I have young children that will be playing in the backyard….

      • D C on 04/06/2020 - 00:28

        Sounds like a good idea

        It's not.

        Check with your council first, you can't just go hacking away things even if they're on your side of the property. Even more so if the tree was there first.

        And maybe get your lens prescription updated if you didn't notice a sodding great big tree next to the fence.

  • kaleidoscope on 02/06/2020 - 00:12

    Talk to your neighbour and see first. If it really bothers you then turn to council.

    Don’t always go gunslinging with “I have my rights” tone…

    Unless you have structural elements of the house or other (except fence) right next to it, would not worry too much of it.

    Btw whatever happened to the hidden camera story? Did you find it?

    • Jumpup on 02/06/2020 - 00:25
      -2

      I’m wondering if I have a right to speak to the Neighbour as he is renting the place out.

      No I didn’t find the hidden camera, that’s still a mystery.

      • brendanm on 03/06/2020 - 13:56

        Did you buy this house with your spying partner?

        • Jumpup on 03/06/2020 - 14:53

          The same partner

  • crentist on 02/06/2020 - 01:55

    Tree by the garden, sounds nice.

  • Bob Svargis on 02/06/2020 - 07:10

    Have you been a good neighbour and spoken to them? Or the agent, if it's tenanted? Do that first. Be nice.

  • nswnotill on 02/06/2020 - 08:16

    Perhaps you learn to live with the tree and then design your proposed house so that it is a reasonable distance from the tree. Generally large Eucalyptus trees are not recommended for suburban gardens. However there are now dwarf Eucalypts that are less than 6 metres high when mature.
    the rule of thumb is 'For every metre of mature height of a tree or shrub in suburbia, it should be at least one metre away from the house'

  • backpaqer on 02/06/2020 - 08:35

    A neighbors fence grew through the fence so about 6 inches of it's base is on my side of the fence. Fence needed replacing. Fencing company built fence beside tree giving neighbor extra space. I was working for a law firm at the time. Advice I got was to put fence back on fence line regardless of tree. So we got fencing company back in and they moved fence back onto proper line and they had to cut a shape out of the fence to allow the fence to "seal" around the tree.

    • Jumpup on 02/06/2020 - 09:14

      Thanks

  • Will Mcdonald on 02/06/2020 - 10:08

    You can cut the overhanging branches, but its up to the owner to cut down the tree. Copper works very well at deterring the roots from growing on your side of the fence. How big is this gum tree, can you upload a photo?

    • Jumpup on 02/06/2020 - 21:43

      It’s exactly 9.5 meter. I had a survey report done and all info was on there.

      Do they sell copper barriers or something I can put in the ground?

      • Will Mcdonald on 05/06/2020 - 17:52

        just use copper pipes, cheapest source or the best is copper nails in the root system. Careful though, if it has got big branches and those branches fall from rotting than it could cause some damage.

  • rompastompa on 02/06/2020 - 10:35

    How do you know that the tree was planted? It may have grown from natural reproduction, and they grow fast.

    Communication is the only legal way to start the process of removing the tree.

    • Jumpup on 02/06/2020 - 10:42
      -1

      I did my research and it was planted exactly 10 years ago with the townhouses being built and I also have a photo I found online when the house was for sale. It was part of the landscaping.

      • fatz on 02/06/2020 - 13:03
        +6

        Should have done your research before you put your money down …

        What's wrong with some people nowadays

      • [Deactivated] on 02/06/2020 - 15:44
        +1

        Too bad your research didn't show you the tree being there at time of purchase.

  • jaimex2 on 02/06/2020 - 10:43

    Talk with your neighbour about what to do like a normal human being instead of posting online.

    I'd personally just organise a colorbond fence builder to fix up the fence so the tree can continue growing. Should be a few hundred.

  • Randolph Duke on 02/06/2020 - 11:57
    +2

    Tree was there before OP purchase, stop being a dick.

  • whiskeyjack89 on 02/06/2020 - 12:09

    Maybe talk about your concern with your neighbour before becoming the new asshat on the block? Doesn't seem like the native tree is doing any harm at the moment, and is probably nicer to look at and more provides more value than a big fence? Try not to destroy a potential local wildlife habitat unless you actually have a decent reason and have worn out the other options.

  • bargaingod123 on 02/06/2020 - 12:24
    +1

    You purchase the land with the understanding that there is a tree right next to your fence, you had the right not to buy the tree but I don't believe you have the right to do anything about it.
    To answer your question, the tree matter is different for each council. With my council, you are not allowed to cut the tree if it is over 5 or 10 meters (I can't remember which) even you are the one paying for it. You will need to submit documents and most likely the council will deny it.

  • bigd82 on 02/06/2020 - 13:45

    What state are you in?
    Here in QLD we have Neighborhood Disputes (dividing fences and trees) Act 2011.
    Before taking the owner to QCAT, we have to demonstrate that we have "made a reasonable effort to reach agreement with the tree-keeper".
    If they are unreasonable take them to tribunal, the matter will then go to a hearing (at least in QLD).
    I am sure whatever state you are in has similar legislation/ process.

    • [Deactivated] on 02/06/2020 - 15:43

      The only way the neighbour would be unreasonable about a tree planted "exactly", 10 years ago and being complained about a stranger who just bought the property next door is if the neighbour decided to do anything but ignore the ramblings an entitled stranger.

  • Hangryuman on 02/06/2020 - 14:16
    +1

    'tree was planted exactly 10 years ago'

    what day of the week was that ? - this could affect the karmic aura surrounding that tree, and the horoscope choice of best time to take action - or sit under the tree contemplating the universe - in the shade ?

    watch out for widowmaker falling branches tho' - keep your eyes peeled - like a banana - the way you did when you did pre-purchase inspections of the property …

    reminds me of a girl student who asked me for advice on buying a car as she had no money - next thing I saw she had a new car - I asked why - she said 'I had no choice!'

    or a girl on a TV Blind Date show years ago - having listened to 3 guys speak at length, she chose one - two non-chosen handsome guys walked out and hugged her goodbye - she looked 'oh! mistake!' - then the chosen guy walked out - ugly - she looked crestfallen - the host said 'why did you choose him ?' - she cried out 'I HAD NO CHOICE!'

    It's always nice to see people who are sentient beings - making thoughtful well-considered decisions for their future …

  • The Wololo Wombat on 02/06/2020 - 16:16

    Fences are fences, boundaries are boundaries. Not the same thing.

    • bigd82 on 02/06/2020 - 17:44

      Good point maybe worth a survey..

    • Jumpup on 02/06/2020 - 21:37

      We got a survey done and the fence is spot on

  • miles05 on 02/06/2020 - 17:19
    +2

    Be grateful that a beautiful native eucalyptus is providing shade and privacy for your home

  • MessyG on 02/06/2020 - 18:32

    Plant a fig tree on your side, the gum will have no chance.

    • Jumpup on 02/06/2020 - 21:35

      We have a 30 year old fig tree next to it (3 meters away) but the gum tree still managed to get to 10 meters within 10 years.

      • EyesWideOpen on 03/06/2020 - 00:51

        First, identify what type of gum tree it is. Download "PlantNet" and scan the tree. Some gum are better than others, not all gum trees cause damages, they do shed a lot however and messed up the gutters. I live in a place surrounded by them, they attract interesting wild life.

        Next start taking photos from all angles every once in a while. When the day comes that it needs to be remove or trim or fence fixed, those would help. Then, just relax, depending on specie, it might take a few decades to grew to its max, who knows?

  • FitzChivalry Farseer on 02/06/2020 - 20:56

    Geez mate. Here's a tip. Talk to your neighbour. Get to know him/her. Build a relationship as if you are…neighbours. When the time comes talk about your concerns about the tree.

    View everyone as a potential friendship instead of a new adversary and you'll get a whole lot further in life.

    • Jumpup on 02/06/2020 - 21:38

      It’s the back Neighbour on a unit block with a super tall fence. I don’t think I’ll ever see them.

    • JuryWheel on 03/06/2020 - 10:07

      i know right? Lots of tree haters here….
      Just talk to them, they might be happy to remove it as long as you pay for it?

  • Mattylicious on 02/06/2020 - 23:04

    Interesting thread OP as I'm in a similar position. Been living in my place for more than 3 years now and my neighbours tree roots has started to push against the fence causing it to break in some areas. Some photos I took of it today https://imgur.com/a/M9vEgAR if anyone is interested. I've never talked to my neighbour as their house faces the other direction but I will look to bring this up before the fence collapses. If all else fails then will go to council to see what can be done.

    • Jumpup on 02/06/2020 - 23:12

      I thought that was my photo! We have the same colour bond fence and retaining wall. However the tree is way bigger. Back Neighbour as well so we never see each other.

      Let me know how it goes please. I got no idea why I’m the bad guy here. I’ve planted many trees before but always thought of damage they could cause to concrete/fences/houses so always kept them small or away if large trees.

    • tryagain on 03/06/2020 - 10:40
      +1

      Hate to be the one to break it to you, but your fence is falling over as it is s#!t, it's got nothing to do with the tree.

      • brendanm on 03/06/2020 - 13:58
        +1

        Gotta agree with this, that fence is a shambles.

        • Mattylicious on 03/06/2020 - 14:41

          I agree, the fence is old as the property is almost 50 years old but it doesn't change the fact that the fence has been pushed in the exact area where the tree grew. I would see a similar effect of a large tree pushing against a newer fence although not to the same extent of damage as mine.

          • Colombian on 04/06/2020 - 15:15

            @Mattylicious: It is not the tree. It is time to replace the fence. Talk to your neighbour to have the fence replaced.

  • Jiyujin on 03/06/2020 - 12:35

    We are experiencing a similar issue. Mum is in QLD and her house bordered a large Plant Nursery. The Nursery was sold to developers and the area is zoned residential. It's the suburb, and there were no high rise apartments in the area. Somehow, the plans for a 4-storey apartment building with 160 apartments were passed by council and the apartments were built. The developers approached mum when they were clearing the land to cut down the 6 trees along the fence line, but we refused. They said they were going to plant new trees and were on the council plans…the building went up and people moved in, but NO trees. Now, 4 years later, they want mum to cut down all the trees as they are impeding on sunlight and causing leaves to block their gutters. Mum had the trees trimmed last year but they also sent arborists to cut branches that were slightly over the fence line but also cut branches on her property leaving the trees bare. The trees are there for privacy, and these trees are slightly more than 1 meter from the fence and as high as a 4-storey building. We wrote back a polite letter refusing their request. Oh, she has lived in her home for more than 30 years.

    • Emerald Owl on 04/06/2020 - 01:15
      +3

      Developers suck!

  • [Deactivated] on 03/06/2020 - 18:00

    Whose idea was it to buy the land? Yours or your partner?

    I'm asking as in a previous thread you seemed pretty convinced that your partner was using a hidden camera to spy on you and in a more recent post, revealed that you were having unexplained symptoms that could be consistent with being poisoned.

    Hope you're ok, Op.

  • dufflover on 03/06/2020 - 22:02

    Plot twist: the tree was planted there before the fence as well
    :P

  • bmerigan on 03/06/2020 - 22:45

    Just enjoy the tree with the birds and shadows that it brings.
    Eventually the fence might need to be adjusted. Eventually. But it's a small price to pay.

  • Boba on 03/06/2020 - 23:26

    It's important to look up your local council's tree management policy as each council usually has slightly different rules. Depending on the species, height, location near main structures, etc. you may or many not be able to do anything about it.

    In my local council, there are often trees that residents (both landowners and adjacent neighbours) aren't comfortable with but due to the council's strict rules, there's nothing they can do about it. Many residents joke that the council values the tree's life more than human beings because it takes a lot for the council to authorise tree works.

    Also it's good to talk to your neighbour about it and gauge his/her thoughts. They might dislike the tree just as much as you but at the end of the day it all goes down to whether council policy allows you to do anything to the tree, and if not, whether you're willing to take the risk of breaking the law to have it removed.

    • bargaingod123 on 04/06/2020 - 00:30

      Same for my council. Even if I talk to my neighbour and he agrees to remove the tree for a similar scenario, the council would reject it.

    • Jumpup on 04/06/2020 - 11:45
      -1

      There is no overlay or protections of trees in my area so far. The other side of the road different story.
      However it’s required to have a landscaping plan if your developing on the property. Not sure how such a big tree was approved to be placed on the fence.
      Looking at the plans it was also planted on the sewer pipes, very strange.

  • Emerald Owl on 04/06/2020 - 01:14

    Lorax?

  • Dorge on 12/06/2020 - 17:16
    -1

    Locate a few of the trees roots on your property, drill and insert Tordon RTU herbicide. Hopefully the neighbors will remove the dead tree before it falls.

    • Jumpup on 12/06/2020 - 20:54
      -1

      Thanks will do

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