Neighbour Reported Me for Trimming Their Tree

POSITIVEVIBESONLY on 15/10/2021 - 10:14
Last edited 16/10/2021 - 14:03

So for context neighbours has a tree (crape myrtle) that grows right next to our fence, it's pretty big around 4m high and regularly grows over the fence. The majority of the tree has grown over to their side as I've constantly trimmed it on ours while they haven't at all on theirs. I've only cut on my side of the fence and never lopped into their side.

Recently I've let it grow quiet a bit over the fence stretching over into our balcony so I hired some gardeners to cut the tree right back to the fence. They cut exactly only to the boundary and not over it, I would say I removed less than 1/10 of the tree. Now I've received a notice from the council about vandalism of that tree and they'll be investigating it, so I was wondering if I have done anything wrong and if neighbours have a leg to stand on.

The law stated that may have been breached is the NSW Environmental Planning and Assessment ACT (1979) and Council's Tree Management Policy where in the State Environmental Planning Policy (Vegetation in Non- Rural Areas) 2017 (the SEPP) is aimed at retaining as many trees as possible in the area. In effect, it means that by law: clearing vegetation, including to -
(a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or
(b) lop or otherwise remove a substantial part of the vegetation

edit.

I've been reading the Council's tree management policy and it states

"Neighbours have the right to prune the branches of a tree over hanging their property without a Tree Permit Application,but only where such pruning is classified as exempt works, including undesirable species contained in Section 2.4."

But from what I see the crape myrtle isn't an undesirable species. Furthermore it states

"All other applications for pruning of a neighbour’s tree will require a tree permit."

I'm guessing I needed a application for a tree permit to trim their tree? I'll take this into account next time, hopefully everything goes smooth sailing this time.

edit2.

From DashCam AKA Rolts has given a link to the nsw gov website

https://www.facs.nsw.gov.au/housing/living/rights-responsibi…

Trees with invasive roots

The following tree species have invasive root systems that can damage sewer pipes. We will only grant approval to plant them if they are six metres or more away from a sewer, water or stormwater pipe.

Lagerstroemia sp. Crepe Myrtle

I'll be seeing what the NSW government communities and justice has to say about this as the tree is around 3m away from a main sewage line.

Also these are my council rules for Tree Management Policies.

https://www.georgesriver.nsw.gov.au/StGeorge/media/Documents…

Hope you guys enjoyed the story.

Home & Garden

Comments

  • So Was Red on 15/10/2021 - 20:29

    Neighbour cut back their tree from and above my side of the fence and I am unhapy about it because the view, shade, noise abatement but I live in QLD where I can't do anything but I probably wouldn't anyway if I could. Also the lopper guy stood on my agaves but agaves are a trash plant and should just stop existing.

  • sajidmib on 15/10/2021 - 21:06
    +4

    As a country we are effed, too much regulation is making it expensive and modern day dictatorship.

  • meowsers on 15/10/2021 - 22:49
    +1

    See if the fence needs replacing, if so send your neighbours a fencing notice and slug them with a 50% share of a new fence as well. Done.

  • baker bob on 15/10/2021 - 22:50
    -1

    I'd wait until they go holidays, go over and poison the thing if they want to be dicks about it.

  • cashless on 15/10/2021 - 23:02
    +10

    No one on this thread is sticking up for the poor goddamn tree.

    Some idiot planted me here, in the most inappropriate place. Being a tree I’ve just tried to grow as best as I can. OK, I’ll admit it, I send down my roots to try and grab water from sewer outlets. Maybe that’s wrong, but I need water.
    Then I also need sunlight so I spread myself to try & grab whatever light I can, including both the plot I’m living in & (I’ll admit it), the neighbour’s plot too.
    Then the neighbour gets a bit pissed off & chops me back, but that’s alright, I’ll try again😉.
    Anyway,the neighbour goes to sleep & stops gardening & paying attention, so I spread my boughs. Does anyone know what it’s like to freely expand and grab what isn’t yours? It gives me sustenance. I didn’t choose to live here, so I grab what I can.
    Neighbour finally wakes up. Realises I’ve become a bit too big to handle so calls in my arch enemy, the loppers. God I hate those guys. They get paid to kill people like me, just like the nazis in WW2.
    They do their job, cut me back, but only partially. Reckon I can still flourish in future & maybe even start growing again into the neighbouring plot a bit. Especially as I get taller, I’ll be harder to reach.

    Then all hell breaks loose. My owner gets pissed & starts throwing accusations at neighbour. I just want a peaceful life, but these humanoids are now having a fight about my “treeman rights”
    Wish I’d just stayed as a sapling & none of this would have happened.
    But then maybe they’ll both get so righteous & angry that I’ll never be trimmed again? That would be a result.
    But then disaster struck.

    The neighbour decides to write about me on fricking OzBargain.
    Any chance of a transplantation please?

  • [Deactivated] on 16/10/2021 - 04:45
    +1

    Can you put up a fence extension so it can't grow into the yard?

  • superValue on 16/10/2021 - 04:55
    +2

    OP can we please have some photos of the tree so that Ozbargain judge and jury community can make a proper decision on this case?

    In my experience councils are all bark and no bite.

  • moneyhungry on 16/10/2021 - 06:03

    Did you check if there are vegetation overlays on the property?

  • 82norm on 16/10/2021 - 08:54
    +3

    Just make sure you throw the branch trimmings over to your neighbours. This is 100% legal. This will incense them even more, but worth the laugh.

  • jrvb42 on 16/10/2021 - 09:38
    +1

    I have Zero to add to the discussion. You might consider pointing out to the neighbour that there are worse things that can happen to the tree than light (10%) pruning. Earlier quoted legislation might leave you with Zero rights.
    Never heard of such an insane things as not being able to prune trees (and return cut pieces over the fence is usually required, rather than nasty) growing into your property. Crazy.

  • aboogee on 16/10/2021 - 09:44

    again different people are different
    my old parents are relatively old and dad loves overgrowth in his garden for some reason i dont know why
    they came to visit us in sydney before covid with plants all trimmed and earlier this year we learned that our neighbours were rather angry that as his plants stretched over the fence. all they did was to push the plants back over to our side and apparently kept doing so for the past year
    we'd be so happy if they can just trim it for us rather than just being angry, especially so when they're stuck here unable to travel. i mean we'd be more than happy to reimburse them if they got someone to trim the plants back but nope they were pretty pissed and ignored our calls.
    again, people are different - some are just so calculative

  • bobolo on 16/10/2021 - 09:54
    -4

    Rule of thumb in life. You can't touch anyone else's property without permission. Permission can come from the owner or a governing body depending on the situation

    If a neighbour parked their car on my driveway, it doesn't give me the right to set it on fire with no repercussions. Natural process will be to ask them why/move it, if they refuse, call the police to have it towed away

    All you had to do was ring council for some instructions before cutting your neighbours tree. If they say you need permission, then get it. If you don't get it, follow the steps thereafter

    It's not that hard folks

    • banana365 on 16/10/2021 - 11:28
      +3

      That's the problem with a "rule of thumb" - they're pretty much made up on the spot to justify a position. If someone else's property is encroaching on yours and adversely affecting you then you can take reasonable measures to remedy the situation. Torching a car on your property wouldn't be reasonable. Getting it towed off your property would.
      Trimming a tree is a reasonable response.

    • 91rs on 16/10/2021 - 12:12
      +3

      "All you had to do was ring council for some instructions"

      That's everything wrong with Australia. You shouldn't need permission or direct instructions from some overpaid idiots in do nothing positions that give nothing back.

      The best thing would have been to come to some sort of agreement with the neighbor, hopefully on good terms as you usually live next to the same people for a while.
      Set the expectation of what's expected or wanted from each side and go from there, while they want the shade they shouldn't expect it be something that impacts you or your property in a a way they themselves would not accept if it was from another neighbor.

      If that ship has sailed and there is no chance to reconcile the issues then go by the book (as stupid as the book can be) and in this case make sure that they pay for anything that is required due to their tree, do it on a very regular basis and make a point of it now, but be civil about it.
      Maybe they will want to discuss a better option after a couple years of being by the book over just being adults and coming to an acceptable agreement in the first place.

    • 82norm on 17/10/2021 - 10:08

      Rubbish. You have every right to prune neighbours plants, trees protruding over your property. Pls get your facts right. And you don’t need permission either.

      I’ll make it simple, did the neighbour seek permission to ask if it was ok for their tree to overhang on YOUR property? No….ditto!

  • Hangryuman on 16/10/2021 - 10:04

    Mod: Foul Language

    I understand councils want to encourage greenery and trees to save the planet

    but when people's lives are intruded upon and obstructed by unwanted neighbours trees

    if you're not allowed to touch trees overhanging your own property then to me that's over-reach

    in one case I'm thinking of an idiot ex-tenant planted a tiny tree and then left

    it's now overgrown and blocking sunlight from a neighbours balcony

    if the council said we weren't allowed to touch it cos we want to save the planet

    I might just say 'then I'll vote you out at the next election'

    in other news, I'm investigating structural damage to a brick wall caused by tree roots from an overgrown tree

    should we not be allowed to touch that so we can save the planet ?

    I don't farken think so!

  • OzHunterNSW on 16/10/2021 - 10:44

    Myrtle is not called the "death tree" for nothing. This issue may see you losing your houser much worse. You have a right to trim ANY foliage/tree limb etc that enters over your fence border line. BUT, you have no right to reach over, jump over, dug under, drill into, any tree which is situated upon your neighbour's property. You will be prosecuted.

    • banana365 on 16/10/2021 - 11:29
      +2

      You will be prosecuted.

      No, you could be prosecuted. There's a big difference.

    • JelIyfish on 16/10/2021 - 19:01
      +1

      "Myrtle is not called the "death tree" for nothing."

      Crepe Myrtle the death tree?
      Surely not?

  • LoserScott on 16/10/2021 - 10:49

    I forget the issues of home or renting in houses are like, it's all units and complexs now.

  • Series4Episode10 on 16/10/2021 - 11:21

    Challenge the council to prove where you have erred, councils and the police will take the side of the first complainant in a dispute, Police will listen then decide if they can proceed where councils are lazy and just react till pressed … Press them! you will find they your council will fold.

  • Faquit on 16/10/2021 - 11:23
    +1

    If it's a 4m crepe myrtle it's not legally a tree it's just a large shrub so nothing to worry about from council….once they see it they will tell complainant nicely to stop wasting their time

    • POSITIVEVIBESONLY on 16/10/2021 - 13:57
      +3

      This is how my council defines a tree…

      A tree is defined as having a:
       Height of 3 metres or more, or
       Circumference of 300mm (or greater) when measured at 450mm
      above the ground; or
       Branch spread of 3 metres or more

      • LemonParty on 16/10/2021 - 21:31
        +5

        Crepe Myrtle is not a tree it’s a massive weed.
        We’ve spent $$$ and days trying to get rid of the three trees we had in our yard. The roots go for days in all directions, no matter how much you hack it back it comes back with fresh shoots. We’ve had tree removalists in to stump grind and poison and still new shoots push through the turf and garden beds from the remnants of the roots.
        Ours were 8-10m tall and the roots had made it everywhere. If they have one on the fence line it’s nots just over the fence you need to watch for, it’s under too…

      • [Deactivated] on 18/10/2021 - 20:49

        That definition makes bamboo taller than 3m a tree. It's not.

  • jacross on 16/10/2021 - 13:41

    The council will investigate and you can go from there but the only thing I will say is you have misinterpreted the following:

    [but only where such pruning is classified as exempt works, including undesirable species contained in Section 2.4."

    But from what I see the crape myrtle isn't an undesirable species. ]

    Don't just stop after seeing if crepe myrtle is an undesirable species. Have a look at what is classified as exempt works. There is likely a list somewhere in the relevant law you are quoting, or a signpost somewhere in it to where you could find that.

    • POSITIVEVIBESONLY on 16/10/2021 - 13:56

      The exempt works are all work done by the council such as trimming for power lines clearance and other disturbances in parks.

      https://www.georgesriver.nsw.gov.au/StGeorge/media/Documents…

      Under section
      2.4. Exempt Works

      • jacross on 16/10/2021 - 14:13

        Mmm yes I concur.

        Note also these examples of things that may be approved (directly implying they require approval):

         Pruning of the canopy.
         Selective pruning to remove branches causing conflict through encroachment on
        own or neighbouring buildings

        Sounds like the pruning described did require approval. I would not have expected that but I've never really had to think about pruning a tree before. Makes me curious as to what the rules are in the ACT.

        Oh well, see what happens.

        • POSITIVEVIBESONLY on 16/10/2021 - 14:21

          Yeah, I never though pruning my neighbours tree that's on my side needed approval. I guess there's a first time for everything. Hopefully your neighbours ain't as crazy as mine and will just understand why I'm trimming their tree.

  • dazeller on 16/10/2021 - 14:11
    -1

    Next time just go straight for the copper nails. The 'bikies' solutions for anything tree related.

  • foolsgold on 16/10/2021 - 17:48
    +1

    seems like the neighbour overstated or lied to council about what you done, trimming a tree protected in your property or not is permitted by local laws, making a tree safe is also permitted without a permit almost always.

    • jacross on 19/10/2021 - 13:42

      What are you basing that on?

  • smartazz104 on 16/10/2021 - 18:25
    +2

    Tell him he's barking up the wrong tree.

  • Stphen on 16/10/2021 - 18:51

    It is amazing how much legal discussion there has been over tree disputes. It seems like the bureaucrats are the real owners of any tree.

    https://legalanswers.sl.nsw.gov.au/neighbours-and-law/trees-…

    https://www.edo.org.au/publication/tree-disputes-in-nsw/

    https://www.justice.nsw.gov.au/justicepolicy/Documents/repor…

  • tryagain on 16/10/2021 - 19:09

    I haven't looked at a councils tree management policy in a while, but they all previously had a percentage (often 10%) that they could be cut back each year without needing approval.

    I'd be looking for something like this in the local council information.

  • pencilhead on 16/10/2021 - 19:48
    +1

    Did you chuck the cut branches over the fence? I would have.

  • nobro25 on 16/10/2021 - 23:22

    I've got a mad bush in my nether regions, would you mind trimming it?

  • 100KK on 17/10/2021 - 00:01

    IN 90% OF OTHER COUNTRIES IN THE WORLD PEOPLE ARE MORE WORRIED ABOUT NOT HAVING ANYTHING TO EAT OR A PLACE TO SLEEP. THAT TREE WOULD LONG AGO BEEN CUT DOWN FOR FIRE WOOD OR SIMILAR. THIS IS A TYPICAL 1% PROBLEM THAT WE EXPERIENCE IN AUSTRALIA. 9/10 PLACES IN THE WORLD YOU'D SETTLE THIS LONG BEFORE SUCH ISSUES ARISE. HERE EVERYONE IS FAKE NICE BUT PASSIVE AGGRESSIVE. EVEN IF THIS WAS A PROBLEM ANYWHERE ELSE IN THE WORLD IT WOULD BE SETTLED BY FISTS OF FURY… FOLLOWED BY LIFE LONG ARCH NEMESIS STATUS OR SEVERAL BOTTLES OF VODKA. ALSO IF ANY AND I MEAN ANY DIBBY DOBING CRY BABY WAS HAPPENING NOBODY WOULD RESPECT YOU ANYMORE IN THE NEIGHBOURHOOD. POSTS LIKE THESE MAKE MY BUTT CHEEKS LAUGH. THERE'S SO MANY OF THEM EVERYWHERE ONLINE THESE DAYS

    • Poor Ass on 17/10/2021 - 00:42

      90% is a bit high

    • MrThing on 17/10/2021 - 03:27
      +2

      yo calm down dog

  • Spamazon on 17/10/2021 - 06:24

    I cant believe you cut down such a lovely tree!

    https://www.burkesbackyard.com.au/fact-sheets/in-the-garden/…

  • stumo on 17/10/2021 - 10:13

    We have a Crepe Mertyl next to our letterbox. I can confirm it has written off our stormwater pipes.

    Its roots have cracked and jam packed the stormwater pipes all the way back to the house some 10m away.

    I shudder to think what its done to the stormwater main about 1m away.

    Even then its half dead and an ugly tree at the best of times. And I still need a council permit to be able to remove it, as we are in a SLO.

  • baldur on 17/10/2021 - 11:03

    So much bureaucracy for a tree.

  • koalabargains on 17/10/2021 - 12:36
    +1

    Op-

    Buy a liter of glyphosate.

    Buy a tree sprayer - https://www.hudsonsprayers.com.au/range/trombone-tree-shrub/

    Wait at least one month.

    Wait for it to rain AT NIGHT.

    Go out with your sprayer and gently put 1 liter of glyphosate onto the leaves of the tree.

    Do not dilute the formula, literally spray the concentrate. The rain will take care of the rest.

  • irajohn90 on 17/10/2021 - 13:13

    Glad I stumbled on this as I have a neighbor who has a black mulberry tree that overhangs into our backyard. Its just utter mess when these stop dropping in spring along with the bats that come along at night. From what I read, black mulberry trees are undesirable species

  • dcash on 17/10/2021 - 17:00
    +2

    Clearly OP is not living in the City of Parramatta, where homeowners are illegally removing protected trees left, right and center, and the council doesn't even respond to complaints.

  • TRAVELO on 17/10/2021 - 19:01

    You are legally allowed to trim anything that is going over to your property. Don’t disregard the council letter, respond accordingly with evidence to show you only cut off anything leaning into your property. FUN FACT: Your ALSO allowed to give back the parts you cut off back into their property :)

    https://www.gotreequotes.com.au/cutting-neighbours-tree-over…

    Hell, I would also be seeing anything you can report them to council for if they are that petty.

  • jaimex2 on 17/10/2021 - 19:39
    -1

    Won't go anywhere. If they keep complaining to council well…

    Trees die all the time.

  • TRENT86 on 17/10/2021 - 20:02
    -2

    Haha we cut out neighbours trees all the time as soon as they start hanging over our fence! We also chuck all the cut branches over their fence since they can't keep it pruned themselves. Seem you have a Karen next door.

    • TRENT86 on 18/10/2021 - 02:36

      Karen's in here too haha

  • DarwinBoy on 17/10/2021 - 22:29

    Council has made an allegation on the basis of what the neighbour has claimed.
    It's in your interest not to admit to anything.
    Let them try to prove an offence was committed.
    No idea how far they will go regarding this matter so good luck.

  • jasonf001 on 18/10/2021 - 11:53
    +1

    We got a call from the council as someone reported us for removing trees on our property. The council didn't seem to confirm with their records that they were the ones having them removed under the Storm and Flood tree removal process.

  • lonewolf on 18/10/2021 - 12:29
    +1

    To give another perspective as we dont always know the full story till both sides are heard. I have a olive tree which my neighbours also have on their side (front yard, duplex so no fence between our front yards). They asked if while they were trimming theirs, if they can trim the branches of mine as sometimes it drops olives that they dont like on the floor / grass. Anyway they ended not only trimming the branches that were going onto their side of the yard but also the top branches and a lot of branches and basically made it a lot shorter and smaller all around.. Anyway, I wasnt too fussed so i didnt say anything and they have continued to now do it every time. But i want to maintain a good relationship with these neighbours so its something i let go for now.

    The neighbours behind me, when they moved in, they removed every bit of grass and plants and tree life in their backyard. then came over and told me if i can remove my Fig tree in the backyard as over time it may damage the sewer pipes which are underground as well as damage the side path of their house (That tree has been there ever since i bought the house and have had no complaints from previous neighbours in the back),. I checked up and i believe 5m and above you need council approval, I think the tree is borderline 5m. Initially I was going to see what i can do but within a couple of weeks, i had note after note being left by them on my front door to remove the tree. And then they wanted me to also remove my mandarin trees which were small trees (maybe 2 metres high or a bit more) and giving me a lot of mandarins. And then they suddenly started to say i will be liable if there is any damage and there were long letters each time. With people they recommend to remove the tree etc. I had like 3 notes within 2 weeks. At which point It just felt like bullying and being threatened, which i am not a big fan off. I spoke to a couple of people in the council as well as some friends on their experiences with trees in the backyard etc. I was told if i dont want to remove them, i dont have to. And frankly after their attitude towards me when i was actually thinking of removing the fig tree and then moving from that to wanting me to remove all my plants in the backyard. I decided screw that, I am not going to remove the trees.

    A couple of months later, I was in my backyard, and i noticed, they had cut the branches that were not only over their boundary line but i mean a couple of feet from their boundary line as well as well as having come onto my backyard and cutting up some roots and putting down some things on top of the roots, maybe to stop growth and also cut any new kindling / roots from the tree and new branches. I was shocked, because to do what they did, would involve them having to come onto my property and work on it for a couple of hours??

    Anyway I didnt say anything still as i still wanted to maintain some form of relationship and I never heard back from them about anything. A while later i got a dog from the RSPCA, then i started to hear from them again for me to not leave dog poo too long in the backyard but to pick it up straight away as the smell apparently wafts over to their backyard.

    • Warehouse on 18/10/2021 - 15:26
      +1

      nah mate I wouldn't stand for that. my neighbour wants to write me letters on a daily basis - annoying but sure whatever. but my neighbour trespassing and FORCING their opinion on what happens on my property? nah (profanity) that. they can just as easily dug and done whatever they wanted on their side of the fence without trespassing onto my side. you give them an inch and they'll take a foot… you probably have enough of a case to request an Intervention Order/Restraining Order against them

      • lonewolf on 18/10/2021 - 17:51

        I know what you mean, I was shocked about it. It would be hard to prove since i dont have any video footage. And at the time i hadnt known the rule about the boundary either that you were only allowed to cut up to your own fence line and not more inwards than that. I realised they are just very pushy people and seem to detest wildlife / plant life of any kind.

        You are right also with my neighbours, I have in the past just let them get their way and my experience is they then start to push and push to see how much more they can get.

  • 1devk on 18/10/2021 - 12:59

    @POSITIVEVIBESONLY - 4 meter high tree may not be protected tree. your council shall have info on their website what makes a tree protected, if tree is not protected then you have full rights to prune the tree on your side of the property. even if a tree is protected, pruning is allowed (not lopping). suggest you find this info and speak to council on the phone and make no written response.

  • bangiebargie on 19/10/2021 - 09:30

    You can trim it.
    Do not escalate things.
    Be friendly, be the bigger person. You'll be happier, healthier, and richer as a result.

  • Bunsen on 24/10/2021 - 15:42

    Not 100% sure now but back in the day you could even give such trimmings back to the neighbour to dispose of.

    Maybe not relevant now as we all have issued Council Green bins…

  • chinchi on 03/06/2022 - 23:43

    So finally where did the story end? Did Council issue fine to you ?

  • Domicron on 05/06/2022 - 01:06
    -1

    Bikies

  • INeverPayFullPrice on 10/02/2023 - 10:44

    I know this is almost 2 years old thread, what was the council determination reg the letter you got?

    I got a similar letter but it's for a Jacaranda that was matured 15 metres high.

    • POSITIVEVIBESONLY on 10/02/2023 - 15:05

      Haven't heard from them since.

      • INeverPayFullPrice on 10/02/2023 - 22:13

        Have you contacted your council or just let it go & everything went away?

        • nwa on 11/02/2023 - 14:33

          It's not surprising, Council just like any person or business choose their battles. Most of these cases aren't worth pursuing unless its a major breach or high profile.

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