Large Branch Overhanging Neighbour's Property - Landlord/PM Suggest Splitting Costs with Tenant

whiterice on 17/07/2020 - 19:28
Last edited 17/07/2020 - 21:24

So we're renting at the moment - a branch of a tree is overhanging into the neighbour's property, and the neighbour came by to have a talk about it. Fair enough. I told them I'd speak to the property manager. It's large enough that we don't want to do the work ourselves and risk damaging the fence / neighbour's shed.

Property manager got back to me saying that the owner was 'willing to split costs as a matter of good will'. Isn't this the financial responsibility of the landowner? Arborist quoted about $500. We do basic housekeeping and gardening as tenants, but I didn't think that these kind of issues would be our responsibility. We've been here for about a year, and while I haven't noticed the branch until now, this is likely a problem that preceded our time renting here. Would like to hear what you guys think.

Edit: Neighbour concerned about branch falling on their shed, branch doesn't look healthy.

Home & Garden

Comments

  • Ryanek on 17/07/2020 - 19:33
    +18

    I would consider $500 major tree work and should fall to the responsibility of the owner.

  • John Kimble on 17/07/2020 - 19:38
    +1

    Should be up to the owner and neighbour to sort out.

    Last resort, the neighbour can just cut the branch up to their fence line at their own cost. They can even return the branches back to you.

    https://www.cabwa.com.au/get-help/overhanging-branches#:~:te….

  • aliocroc on 17/07/2020 - 19:41
    +6

    The owner is being cheeky.

    You shouldn't have to do that. It is completely their responsibility. Give his details/property managers details to the neighbour and let them know the deal, let them take it up with the owner. You have gone above and beyond by getting a quote already, renters don't have these headaches, property owners do.

  • Settero on 17/07/2020 - 19:44
    +3

    wait , is the branch at risk of falling or the tree damaged ??

    if not , Owner has no obligation to have it cut, the neighbor can cut it up to the boundary line if i'm not mistaken ?

    owner is actually offering to pay for half of something he does not have to pay ?

    so just relay the message to your neighbor , that the owner is willing to pay half , they have to pony up the other half ?

    • John Kimble on 17/07/2020 - 19:50

      I think the owner wants the tenant to pay half and the neighbour to pay half?

      • whiterice on 17/07/2020 - 21:26

        Nah, owner wants to split half between owner/tenant.

    • whiterice on 17/07/2020 - 21:25

      Yes, the neighbour was concerned that the overhanging branch would fall onto their shed. The branch doesn't look too healthy.

  • woodg on 17/07/2020 - 19:47
    +2

    I am a landlord and I would never ask my tenant to contribute to this. I can't see how it is anything to do with the tenant.

    • Settero on 17/07/2020 - 19:50
      +5

      but is he? 'willing to split costs as a matter of good will' could mean with the tenant ( unreasonable ) or the neighbor who is requesting it ( very reasonable)

      • whiterice on 17/07/2020 - 21:28

        I was the one who requested this on behalf of my neighbour, but email states that they want me (the tenant) to pay half. I get the feeling my neighbour wouldn't want to pay for this if asked.

  • garetz on 17/07/2020 - 19:51
    +6

    Owners responsibility 100%, just decline splitting the cost, its not your responsibility.

  • ihbh on 17/07/2020 - 20:03
    +2

    Maybe the owner is suggesting $250 out of your pocket for the firewood? :)

    Tell them to get lost.

  • Mechz on 17/07/2020 - 20:04
    +3

    Maybe they meant split the costs between themselves and the neighbour? If I were you I would just give the contact details to the neighbours and let them deal with RE/owner. You have no liability here even if the branch does cause damage.

  • ssquid on 17/07/2020 - 20:24
    +1

    Neighbour should call the PM and organise it with them.

  • modsec802 on 17/07/2020 - 20:25
    +4

    Tell landlord to GGF

    • [Deactivated] on 17/07/2020 - 20:45

      Whats this mean?

      • zoob on 17/07/2020 - 21:34
        +2

        I assume go get… You can guess the last word.

        • pegaxs on 18/07/2020 - 00:01

          (fropanity)

      • Aerith-Waifu on 18/07/2020 - 00:53

        Go Get Fun! Too easy!

      • [Deactivated] on 18/07/2020 - 08:42
        +2

        Go Get Firewood.

        We just want the landlord to cut off the branch and take it away, presumably as a source of heating.

  • Gratt on 17/07/2020 - 20:57
    +7

    Who is the landlord suggesting he split costs with? There are 3 parties here. As others have said neither the owner nor the Tennant have any obligation unless the branch presents a threat to the neighbours property (this can vary from state to state). If the landlord is offering to split costs with the neighbour that is nice of him. If he is expecting to split costs with the Tennant's that is laughable. The neighbour has no claim against the Tennant. If it ends up in some sort of court or tribunal it will be between the landlord and the neighbour.

  • screensaver on 17/07/2020 - 22:30
    +2

    This is not the tenants responsibilty. Keep all written correspondence about this in case you have to show someone such as a tribunal

  • Davo1111 on 18/07/2020 - 01:14
    +1

    lol, not your problem

  • Hardlyworkin on 18/07/2020 - 08:39
    +1

    Next time just provide the property managers' details straight away. Not your headache.

  • brendanm on 18/07/2020 - 13:37
    +1

    Has absolutely nothing to do with you.

  • whooah1979 on 18/07/2020 - 14:47
    +2

    Not your tree, not your problem.

    The neighbour have the right to cut it down and return it to the property.

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