Storm Caused Drop of Tree Branch Which Caused Damage to Fencing

sy8718 on 12/11/2021 - 11:12
Last edited 12/11/2021 - 12:44

We have a rental property managed by agent. There is a huge tree in our back yard which is protected by council.
During the storm last week in Melbourne, the tree got a branch dropped and damaged the fencing, causing the fencing a bit lean.
The neighbor (elder couple) were very angry at my agent (according to my agent) and want us to pay for the fix.
I contacted the insurance company and council, and they all said that this is an "Act of God" so I am not responsible for that.
I do not want to ruin the relationship with the neighbor, but I cannot pay all fix. The storm is too frequent in Melbourne and it will happen again and again. If I pay this time I may have to pay every time.
And this tree is fully protected tree which we cannot even trim. Even we want to remove one branch we need to apply council approval.
I contacted council asking anything I can do. Council has sent a Councillor to my property to check the tree. What he said is he cannot see any problem with the tree. The only thing we can do is to apply a check approval ($198) and hire a arborist ($200). Council will send another arborist. Only both arborists say that the tree is dangerous and needs to be trimmed/removed, then we can apply for another approval ($200+ cost). That means that we may spend $400 and get nothing. Or even council allows me to trim the tree, I need to spend more than $600 just for the approval. This is ridiculous and I cannot take that.
But the neighbor is still complaining and they think as the tree is in our land it is all our responsibility. Is there a way that we will not ruin the relationship with the neighbor but get everything sorted out?
Any suggestion is appreciated.

Update:
I am now pushing council to do a safety assessment on their cost. The council actually had tree assistance fund but they did not send me the eligible letter. I am asking them why I am not eligible to this program.

Home & Garden

Comments

  • pharkurnell on 12/11/2021 - 11:21
    -2

    Fences are 50/50… Your neighbour is shit out of luck.

    There was another thread on this recently..

    • sy8718 on 12/11/2021 - 11:31

      I know it is 50/50. But the neighbor is an elder couple who do not listen. They insist that the tree is in our land so it is our responsibility.

      • pharkurnell on 12/11/2021 - 13:07
        +1

        https://www.justice.vic.gov.au/fencing-law-in-victoria

        Who pays for a dividing fence?

        Generally, owners of adjoining land must contribute in equal shares to a dividing fence. The standard of fence that you must contribute to is a ‘sufficient dividing fence’, which will depend on the circumstances.

        If you or your neighbour want a dividing fence that is of a higher standard than a sufficient dividing fence — like a higher fence or one made of more expensive materials — the person who wants this pays the difference in cost between a sufficient dividing fence and the higher standard. Alternatively, if you agree, you can split the cost of the higher standard fence.

    • DoctorCalculon on 12/11/2021 - 20:59
      +1

      Fences are 50/50… Your neighbour is shit out of luck.

      What a generic statement!

      What if your neighbour causes damage to the fence through negligence or intentionally?

      For example, my neighbour had left an abandoned motorcycle right next to our shared Colourbond fence many years ago. During the storm, it tipped over and now an entire panel needs to be replaced because it is now dented in on my side. They are fully responsible for the cost of repairs. No 50/50 here.

  • MS Paint on 12/11/2021 - 11:23

    How much is the fence repair?

    Any photos of the damage?

    • sy8718 on 12/11/2021 - 11:25

      It is just one panel got lean but it is a colorbond fencing. I think the repair will not exceed 200.

      • Porker on 12/11/2021 - 11:31
        +1

        Even if insurance did cover it, the excess is likely to be more than $200.

        If you want to keep your neighbour happy, just repair it to keep them calm and then let them know that you're dealing with the tree through Council.

      • netjock on 12/11/2021 - 11:34
        +2

        $200 is better than the cost outlined above?

        Or you can get written letter from insurer and council that it is an act of god. With a promise if the fence is furthered damaged and no longer form a physical barrier it will get fixed.

      • MS Paint on 12/11/2021 - 11:36
        +1

        If the posts aren't bent then just replace the panel and move on.

      • hothed on 12/11/2021 - 11:45
        +1

        Just fix the fence?
        The neighbour can pay half. Pay it all if you feel sorry for elderly neighbours.

        Why spend all this money getting the tree assessed, after it has already been assessed by the council?

      • Seraphin7 on 12/11/2021 - 13:26
        +1

        If it's $200 to fix, just provide the quote to the neighbour along with the correspondence you've got from the insurer and tell them to pony up $100.

        If they agree, happy days. Fix the fence and move on.

        If they don't then either don't fix the fence, or offer them a "goodwill gesture" with no admission of liability. Either way, move on.

  • weezlebub on 12/11/2021 - 11:30
    +1

    maybe contact council again and escalate …

    if the council says it's protected and you're not allowed to touch it, it should be at least partially their responsibility …

    but 200$ damage, maybe easiest just to suck it up and pay

    • sy8718 on 12/11/2021 - 11:33
      +2

      We do not mind paying $200 but the issue is we do not want to start this. This will happen again and again if we cannot have the tree removed. If we pay this time, the neighbor will think we admit it is our responsibility and we may need to pay every time it happens.
      And the solution council gave is to pay 198 application fee to have the tree checked for safety….

      • weezlebub on 12/11/2021 - 11:40
        +1

        yes, but if you push with council, you could use the justification that "i don't care if it's safe or not, i can't remove it as the council has it heritage listed, that makes it the council's responsibility, as it's the councils responsibility, it's their job to claim on their insurance for the damage caused by their tree"

        • sy8718 on 12/11/2021 - 11:42
          +1

          Thanks for your advice. I will try. Although I think council will finally ignore me…..

        • Seraphin7 on 12/11/2021 - 13:27
          +2

          I agree that I would attempt this approach … but councils are world class in classifying something as "not our problem", but then giving you no way to address the problem yourself.

      • Euphemistic on 12/11/2021 - 16:32

        This will happen again and again if we cannot have the tree removed

        Has it happened before? Probably won’t happen again.

        • sy8718 on 13/11/2021 - 20:31

          We just bought that property less than one year ago. According to the.neighbir this is not the first time happening.

  • AndyC1 on 12/11/2021 - 11:33
    +4

    I had a gum tree that was in a reserve on the other side of the back fence and it dropped a branch that caused a little bit of damage to the back fence, so I sent a letter to the council that the tree is dangerous as it can drop branches at any time and in the past has caused damage to the next door neighbors shed and as such council needs to make the tree safe as both properties have young kids. I also included that council would be liable for any repairs to damage caused by the tree as it is dangerous.
    Council responded that they would get the council arborist to look at it. I did not see anything done to the tree, but 2 years later a huge branch took out one section of the back colorbond fence, so I called council and they said they would fix the fence and deal with the tree. I took down the details of the person I spoke with and the time. Council removed the tree, but then said that I would have to get the fence fixed and I then said that the council was liable and that the person I spoke to agreed that the council would fix it.
    About 4 days later council replaced the fence panel.

    I would send a letter to council that the tree is dangerous based on it dropping branches without warning in storms and what can be done about this as council has a preservation order on the tree and as such you cannot do anything to fix the dangerous situation and see what the council does or responds with. If the council says tough luck then get an arborist in to write up a report and then send it to council as further information.

    • netjock on 12/11/2021 - 11:35
      +4

      You are right.

      But in OPs instance the tree is on private land.

    • sy8718 on 12/11/2021 - 11:36
      +1

      Maybe I was too soft in the email I sent to council. Could I please ask which council did you deal with? I am in city of whitehorse.

      • AndyC1 on 12/11/2021 - 11:42
        +2

        Sydney Canterbury council 10 years ago.

        Make sure you put dangerous in bold and put allot of spin so it sounds like it could damage this and that and if there are any kids (under 18years is a child…..) that could be under it, even if they visit once a month then say that kids visit neighbors often and they could be hurt if a limb falls while they are outside. Do not lie or make things up, but exaggerate a little is okay IMHO.

        • MS Paint on 12/11/2021 - 12:13
          +6

          Make sure you put dangerous in bold

          Is jv writing this email?

          • terrys on 14/11/2021 - 10:25

            @MS Paint: Given that the OP has posted, we may presume they have a computer. It has become increasingly common since the latter half of the 1980s for those wishing correspondence to be read to utilise them for the preparation of documents - especially those where one wishes for legiblity and clarity and/or also for which it is advisable to keep a copy.

            Some of the more modern programs not only offer bold as a typeface, but do so <ctrl><b>without<ctrl><b> the need for arcane key combinations.

    • KaraZorEl on 13/11/2021 - 14:24

      Last year during the storm, a gum tree from the reserve behind our house fell, damaging a 2 meter section of our timber fence ajoining the reserve and the roof of our alfesco. Council fixed the fence within a couple of days, at no cost to us. Coincidently, they came around the same time insurance assesor from Comminsure was there to assess the damage. Long story short, home insurance paid out for the fence as well, even though they knew council was going to fix it. There are more gum trees that are dangerously leaning in the direction of our house. I preemptively took photos and wrote the council to consider lop the trees so it avoids damaging the house if it falls. Nothing has happened so far, but i plan on following up actively. I think OP should consider this for future.

      As for the current damage, best option is to offer 50% of the cost to fix the fence and explain to your neighbours that your hands are tied and you cannot do anything to prevent this from happening. Yes, it might happen again and you may have to pay 50% yet again unless you want to engage arborist and get the tree lopped or removed. Maybe get them to contact council as well. I'm in one of your neighbouring councils and I know in these parts councils are quite reluctant to cut trees unless it poses risk of very serious damage.

      • AndyC1 on 13/11/2021 - 16:00

        100% agree and followup with the letter and include photo's.

  • TheBird on 12/11/2021 - 11:43
    +1

    You have two separate issues.

    Issue 1: Fixing the fence.
    Issue 2: How to prevent (if possible) in future.

    For the first issue, get the agent to tell them it's been ruled an act of god and you're looking into the regulations on who's responsible for the costs since fences are 50/50 with neighbours and tree is protected and ask them to put up half the money. You'll need to check if the pillars were bent. That'll increase repair costs as I assume they're concreted into the ground.

    Second issue comes down to how often this happens. If it ends up you're completely responsible for the repair costs (likely) if this is a once every few years thing, the cost of dealing with the tree might not be worth it. But talk with the neighbour about splitting the cost of getting the tree dealt with since it's an issue for both of you.

    In the end, I think it's only fair that you pony up for the fix if you can't get your insurance to cover it.

    • sy8718 on 12/11/2021 - 11:47

      Thanks for your advice. I just asked the insurance to confirm it is "act of god". I will not ask insurance to fix as the excess fee is enough to build a new fence.
      I even do not mind paying 8K to have the tree removed. However according to the Councillor coming today it is impossible if the tree is healthy.

      • try2bhelpful on 12/11/2021 - 14:03
        +2

        I would be explaining to the councillor that the tree is dangerous. Dropping branches, during storms, is not acceptable. Ask him what you are meant to do if it drops a branch on somebody during the next storm? Is the council going to indemnify you for any damage the tree does in the future?

        I agree that we need to protect the character of suburbs but this sounds like the tree is not suitable for an urban situation. You might want to hint that losing a tree might be better than the council being highlighted on A Current Affair. Perhaps you can request it to be heavily pruned to remove the heavier branches.

        Best of luck. Let’s hope common sense prevails.

      • Vagon on 13/11/2021 - 22:19

        It seems like you're frustrated by the lack of agency in the situation. You've acknowledged that the council are the ones being difficult, but there's very little you can do about that.

        I have a similar situation, but I'm on the receiving end of the tree branch without owning the tree. I'm not like your neighbours and will pay half. It would definitely irk me if I had to pay the whole amount. Then again I'm looking at what you're writing and think maybe it's worth stepping back a bit.

        If you are willing to stump up $8200 now, that's a lot of money. How often are you expecting a branch heavy enough to take out a fence to drop? Even if it's one per year and you're paying the full $200 you've got 41 years before you break even. Could you save yourself the stress by paying for the fence and consider it a good deal for not having to think about it anymore?

        • try2bhelpful on 14/11/2021 - 08:55

          To me the real problem is the tree branch might drop onto someone rather than the fence.

          • Vagon on 14/11/2021 - 09:47

            @try2bhelpful: Fair enough too, but once you've petitioned the council it's essentially out of your power. Hopefully the boundary isnt a thoroughfare.
            If it is though, that would certainly add weight to having it pruned.

            • try2bhelpful on 14/11/2021 - 11:32
              +1

              @Vagon: I think my frustration is councils can be a tad ideology driven at times. Having had to deal with ours, on a few occasions, it leaves you wanting to tear your hair out. As I said earlier, I hope common sense prevails. There have, certainly, been instances of people killed by falling tree branches.

  • iamherenow on 12/11/2021 - 11:46
    +3

    Pay it in full, or have neighbours annoyed with you.

    Let them know you don't want the tree, but can't get it cut down due to regulations.

    Suggest if they are scared of falling branches to report it to the council.

    • TheBird on 12/11/2021 - 11:48
      +5

      Suggest if they are scared of falling branches to report it to the council.

      That's a good idea. The neighbour is obviously persistent enough that they might be able to help push it through with the council.

  • jv on 12/11/2021 - 11:52

    and they all said that this is an "Act of God" so I am not responsible for that.

    Are you or your neighbours religious ?

    • Clear on 12/11/2021 - 13:39

      Time to see if they're paying their taxes. Since it could be "Gods land".

      Funny enough they're back working at the business after one of the Virgin AU co-founders bought the business.

  • Ocker on 12/11/2021 - 11:54

    The tree is either on your land or the neighbors - which is it?

    • sy8718 on 12/11/2021 - 11:55

      On my land

  • Hithere on 12/11/2021 - 12:05

    In Victoria, disputes over trees and vegetation are dealt with via common law, based on torts such as trespass, negligence or nuisance, or under an assortment of local laws and planning legislation. If a dividing fence is damaged or destroyed by a tree, for instance, neighbours can recoup costs or request certain works under the Fences Act 1968 (Vic).

    https://www.liv.asn.au/Staying-Informed/LIJ/LIJ/December-201…

  • pegaxs on 12/11/2021 - 12:10
    +15

    Can afford an investment property but can't afford to fix a portion of a fence that a tree from your property damaged… Gotta be a really small violin around here somewhere I can play for you…

    • tmcn85 on 12/11/2021 - 12:14
      +4

      Can't wait for the govt to bail these people out when there's a crash

      • pegaxs on 12/11/2021 - 12:17
        +2

        And any money says that this is not their only "investment property"…

        *distant violin noises*

      • jv on 12/11/2021 - 13:43
        +1

        bail these people out

        which people ?

    • sy8718 on 12/11/2021 - 12:18
      -2

      This comment is insane. The tree was not owned by me, but the council. I cannot do anything to the tree. If you are talking about this then council should pay for the damage, and council has a lot of money wasting here and there.
      This is not about you can afford or not. This is about the responsibility. As I said I am happy to pay 8K to have the tree removed, if council approves. However I should not take the lost that is not my responsibility.

      • iamherenow on 12/11/2021 - 12:29
        +5

        It is your tree. When you bought the place, you bought the tree too (and all that comes with it).

        • sy8718 on 12/11/2021 - 12:31
          -2

          If this is my tree, then it should be my choice to do everything to the tree. Unfortunately it is not. It is council's tree and I have no control of the tree.

          • iamherenow on 12/11/2021 - 12:33
            +1

            @sy8718: Would you say council owns your land? Council has regulations that restrict what you can do on land. Just like tree.

            • sy8718 on 12/11/2021 - 12:40
              -2

              @iamherenow: I can plant flowers on my land, I can build a play ground on my land, I can build a deck on my land…. What I can do with the tree?
              And there is no point to argue if it is my tree or not. There is a definition of "Act of God" in law and I do not hold any responsibility legally. My point is how to deal with council and neighbor to sort out the issue and do not ruin the relationship. I can totally ignore what neighbor complains and just forward the council email to him.

              • iamherenow on 12/11/2021 - 12:47

                @sy8718: It's easy - Pay or have neighbours pissed off with you. There is no way you will make them happy whilst they pay for damage caused by the tree on your property.

              • deme on 12/11/2021 - 14:54
                +1

                @sy8718:

                I can plant flowers on my land

                https://legislation.nsw.gov.au/view/html/inforce/current/act…

                I can build a play ground on my land
                I can build a deck on my land

                https://www.legislation.nsw.gov.au/view/html/inforce/current…

                You can't just do anything on your land mate.

              • deme on 12/11/2021 - 14:55

                @sy8718: Isn't it 50/50 your fence and you are trying to get out of 50%?

                • sy8718 on 12/11/2021 - 14:56

                  @deme: I am not. I am happy to pay 50%. The current issue is my neighbor is angry and argue with my agent to have us pay 100%.

                  • deme on 12/11/2021 - 14:58

                    @sy8718: If the neighbour wants to you to pay 100% they'll have to show that it's your fault. eg. you failed to maintain the tree.

                    Just direct any complaints from them to your insurance

                    • sy8718 on 12/11/2021 - 15:00

                      @deme: My insurance has said that it is "Act of God" so they will only pay 50%. And we will actually not claim as excess fee is higher than the repair cost.

          • jackary on 12/11/2021 - 12:40
            +3

            @sy8718: It’s your tree.

      • Drakesy on 12/11/2021 - 12:30
        +5

        You own the tree, the council just has policies that prohibit the removal of it.
        Yes the council can be found negligent if you'd warned them previously of falling branches and that you'd like to cut them/remove them.

        The council also has a job to protect the amenity and tree cover of a town (in many cases this is what maintains property values in older areas) now that we're ending up with outer suburb dustbowls.
        Restricting people from clearing significant trees is justified (however pruning and trimming for the purposes of safety and damage prevention should be allowed).

        • sy8718 on 12/11/2021 - 12:34
          +1

          (however pruning and trimming for the purposes of safety and damage prevention should be allowed).

          Unfortunately it is not allowed. I need to apply for approval for that. And in order to get this approval, I need another approval to assess the safety of the tree, which another $400.

          • Drakesy on 12/11/2021 - 12:35

            @sy8718: Definitely looks to be a case for negligence on the council's part here if you've warned them before.
            If anything they should be the ones paying the fee/have an in house arborist. If they want to invoke a policy requiring an assessment then they should be the ones policing it/carrying out the assessments. There's probably a team of 5-10 council workers who could all do this but would rather sit at 50% utilisation on a good day. (this is coming from someone who's experienced local government first hand.)

            • pndl on 13/11/2021 - 22:57

              @Drakesy: Council hasn't formally denied OP from pruning/removing their tree yet. OP hasn't applied to have the tree pruned or removed. Council just had a quick look.

          • pndl on 13/11/2021 - 23:08

            @sy8718: So it is allowed. You just need to get approval which costs $400. Part of owning a heritage tree.

            Similar to owning a car, you need to pay for pink slip / roadworthy, rego, etc.

      • DashCam AKA Rolts on 12/11/2021 - 12:34
        +5

        When you purchased your IP, the tree was already there. You accepted the property as it was, including the liabilities ensuing. If you are that agitated about the tree, fix the fence, sell the IP, buy another without a large protected tree.

        • sy8718 on 12/11/2021 - 12:42
          -1

          I am not, the neighbor is… As I said if council approves, I am happy to remove the tree. Otherwise I am happy to pay for 50% fix. It is my neighbor who got angry and complain to my agent.

        • jv on 12/11/2021 - 13:45
          +2

          sell the IP

          Depends on the address.

          • pegaxs on 12/11/2021 - 14:23

            @jv: 127.0.0.1

            • jv on 12/11/2021 - 14:25
              +3

              @pegaxs: Thanks, so he's local then…

    • 82norm on 13/11/2021 - 08:19

      What a BS comment.

  • wallet72 on 12/11/2021 - 12:35

    I think it's noble of you to want to keep your neighbours happy, but you are going too far. You pay for this now, and then next time something happens they will think being grumpy and aggressive will get you to do what they want. You should be (and you said you are) willing to pay your half, it's now up to them to pay their half. Don't do anything until they pay their half or they just won't pay.

    Having nice neighbours is great, but not at the cost of being their doormat

  • Third_Gear on 12/11/2021 - 13:19

    Check your council rules regarding the tree and distance to the house. One place I lived at years ago in regional VIC anything that was within 10m of the house we could deal with as needed due to safety reasons without notifying the council. Best of luck sorting it out!

    • sy8718 on 12/11/2021 - 13:25

      The tree is on the council protection list. Council has a report of the tree in 2006 and listed that the tree is far away from the building, and the tree can live another 30-50 years. So distance will not be possible for us to argue.

  • SF3 on 12/11/2021 - 13:26

    causing the fencing a bit lean.

    Push it back up right?

    • pegaxs on 12/11/2021 - 14:25

      Did you mean;

      up, right

      or

      upright

      • SF3 on 12/11/2021 - 14:38

        option 2, thanks that make sense now ;)

  • Jimothy Wongingtons on 12/11/2021 - 13:28

    Brisbane city council came and trimmed the leopard tree at the front of our house after I provided proof the seed pods were denting my car parked rightfully on my driveway. I think its fine for council to protect the trees but they should also be responsible for maintaining and covering damages that occur.

    Another example, my neighbour has a leopard tree (council protected) and the roots have totally damaged his stormwater pipes and driveway. He contacted council and they accepted liability and offered to re-build the whole driveway however due to whatever regulation reason they could not replace it with a double width driveway like he currently has and can only do a single car width driveway. Unfortunately he needs a double wide so he just had to put up with it :(

    My point being its a surprise your council would fob off responsibility like that as well as giving no certain answers in paying out of pocket for an assessment.

    • sy8718 on 12/11/2021 - 13:40

      It might be that we were too soft when talking to Councillor. We will call council and escalate the issue to their manager if they cannot provide a certain answer. Thanks for your advice.

  • JimmyF on 12/11/2021 - 13:41
    +1

    During the storm last week in Melbourne, the tree got a branch dropped and damaged the fencing, causing the fencing a bit lean.
    The neighbor (elder couple) were very angry at my agent (according to my agent) and want us to pay for the fix.
    I contacted the insurance company and council, and they all said that this is an "Act of God" so I am not responsible for that.

    Insurance is correct, it's a 'Act of God' meaning no one is at 'fault' here or caused it. It is true, fences are a shared 50/50 cost, but sometimes the right thing to do is to repair the damage to a fence if your tree caused it and its only minor repair.

    For example if your neighbor backed their car into a shared fence, would you expect them to repair the fence in full? Of course you would, you wouldn't be going 50/50 for fence repairs, sometimes you need to look at your tree causing minor damage like someone backing into a fence. Just own it and fix it.

    You said in another post its about $200 to repair. Honestly not worth a insurance job or fighting with the neighbor about, just get the fence fixed. You can claim that cost as a repair deduction on your rental property anyhow, so after that is taken in to it, it is even less money to you.

    • jv on 12/11/2021 - 13:45
      +1

      it's a 'Act of God' meaning no one is at 'fault'

      I read that as God is at fault.

      • pegaxs on 12/11/2021 - 14:26

        God has no insurance and isn't returning OP's phone calls…

      • JimmyF on 12/11/2021 - 16:35

        I read that as God is at fault.

        Well call up "God" and demand them to take responsibility and pay for it!

  • deme on 12/11/2021 - 14:12
    +3
    • An Ozbarginer invests in property.
    • Complains when costs are involved.
    • Why is it not pure profit no risk?
    • try2bhelpful on 12/11/2021 - 14:34

      Not the point, at all. The council is preventing the removal of a tree that has, already, caused damage to a neighbouring property. It isn’t about profit it is about the best way to minimise the risk from the tree in the future. Hopefully the council will buy a clue on this.

      • deme on 12/11/2021 - 14:44
        +1

        Where has OP stated council prevented the removal of a tree?

        I contacted council asking anything I can do. Council has sent a Councillor to my property to check the tree. What he said is he cannot see any problem with the tree. The only thing we can do is to apply a check approval ($198) and hire a arborist ($200). Council will send another arborist. Only both arborists say that the tree is dangerous and needs to be trimmed/removed, then we can apply for another approval ($200+ cost). That means that we may spend $400 and get nothing. Or even council allows me to trim the tree, I need to spend more than $600 just for the approval. This is ridiculous and I cannot take that.

        OP could have:

        a) Done this before hand.
        b) Stop being so cheap and pay for the approval they knew (or ought to have known) would be needed before purchase of the property. (The tree just didn't teleport there)

        • try2bhelpful on 12/11/2021 - 14:58

          OP posted above

          “I even do not mind paying 8K to have the tree removed. However according to the Councillor coming today it is impossible if the tree is healthy.”

          • pegaxs on 12/11/2021 - 17:43
            +1

            @try2bhelpful:

            but I cannot pay all fix.
            I think the repair will not exceed 200.

            Nek minnit…

            I even do not mind paying 8K to have the tree removed.

            Well, that escalated quickly…

            • try2bhelpful on 12/11/2021 - 20:21

              @pegaxs: Actually trees, particularly large ones, do take a lot of money to remove. Having a tree that is dropping large branches is dangerous. If I was OP I would prefer to get it removed as well. As OP indicated he is willing to stump up the money to do it, the council are the ones who will, probably, stand in the way. Let’s hope sanity prevails.

            • sy8718 on 13/11/2021 - 20:35

              @pegaxs: I think you misunderstand my point. I do not mind paying 50% of the fix, whatever the number is. But I cannot pay 100% of the fix, as I believe it will happen again and again, and if I pay 100% this time, ghe neighbor will think if they are aggressive enough I will pay 100% every time.

              And if council approve me to remove the tree, I am happy to pay whatever to have the tree removed.

    • sy8718 on 12/11/2021 - 14:35
      -1

      Firstly, I did not complain when costs are involved. I am happy to pay for all the cost I am responsible for. However it is not my responsibility. Why you think that because I can afford an investment property then I should pay for everything not my fault? Musk has more money, why don't you ask him to pay your bill?
      Secondly, no one says there is no risk. If the property price goes down then investor will lose money. If you want profit with no risk you can put your money in bank saving for 1% interest with no risk. It is totally your choice how to invest your money.

      • deme on 12/11/2021 - 14:41
        +1

        You bought the place and knew (or ought to have known) the tree and the restrictions there.

        Tree is a risk.

        And this tree is fully protected tree which we cannot even trim. Even we want to remove one branch we need to apply council approval.

        Why didn't you apply for approval to trim?

        If you want profit with no risk you can put your money in bank saving for 1% interest with no risk.

        Bank account have risk.

        If the property price goes down then investor will lose money.

        There are more risks than just price.

        Musk has more money

        🧂

        • sy8718 on 12/11/2021 - 14:54

          As I said, legally we do not hold any responsibility of the damage to the neighbor. I am happy to pay my 50%, even I believe council should be responsible. I admit tree is a risk but tree is not my responsibility. And as I said, if I apply to trim, I need to apply an assessment approval first, and get arborist to check if the tree is under dangerous situation. Only it is under dangerous situation, then I can apply an approval for trim. So there will be 2 possibilties. One is I spent 500 to do the assessment and get refused for trim. Two is I got approval and spent 2000 in total to trim this tree, which is not even my responsibility. Just tell me why I should do this on my own cost?

          • deme on 12/11/2021 - 14:57

            @sy8718:

            As I said, legally we do not hold any responsibility of the damage to the neighbor. I am happy to pay my 50%, even I believe council should be responsible. I admit tree is a risk but tree is not my responsibility.

            Are you trying to screw your neighbour by not paying your 50% of the repair?

            I admit tree is a risk but tree is not my responsibility.

            It really is, whether or not this damage is your responsibility I can't tell from this post. But you can't just let the tree rot and have it fall over then run away.

  • brad1-8tsi on 12/11/2021 - 16:54
    +2

    All those costs are just the costs of maintenance of an investment property. The tree didn't appear overnight. It was there when you bought it.

    Unfortunately your neighbour needs to acquaint themselves with their obligations too. Maybe they can help you put your case to the council?

    I really doubt the council sent out a counsellor (the elected representative) but that's who you should whinge to if the administrative side of council keep blocking you.

    Are you sure their tree preservation order doesn't allow 10% pruning per year?

    PS: The tree is your responsibility. It's in your yard. Stop claiming it isn't

    • try2bhelpful on 12/11/2021 - 20:22

      When we had a dispute with our neighbour about our house conversion we had a bunch of councillors that came out. They weren’t useful but they turned up.

  • Myone888 on 13/11/2021 - 08:17

    Councils are getting very dictatorial nowadays with their ceo earning more than $500,000 per year. We shud have rights to trim/cut trees on our land period. Council shud be liable and accountable for trees on nature strips that cause damage to our property. There shud not be 2 ways about it. Laws shud clearly define it. Maintenance and lawn moving on nature strips shud responsibility of council! After all we pay rates that increase every year!

  • ozbjunkie on 13/11/2021 - 09:57
    -1

    If it's protected by council, and you have this information from a previously documented matter where you sought the tree either trimmed or somehow guided away from your property, then seems the council's responsibility to my uneducated mind.

    They're god here, it's their tree. They have power and responsibility, else should have no power and no responsibility.

    How about a three way split between the property owners who benefits from the lovely tree, and the council that endeavours to look after their tree more in future.

    Else if financial issues prevent a three-way split between land owners, perhaps those able contribute what they can and the council makes up the remainder.

    Could be the agents responsibility to be checking major hazards to the property are responded to, such as large overhanging tree branches.

  • nswnotill on 13/11/2021 - 10:35

    What species is the tree? Some Eucalyptus species are known to be 'branch droppers' even in droughts. Check with a botanical book or reference.
    Also perhaps you could pay the $200 to repair the fence. However at the same time personally hand them a letter indicating that this is an 'ex gratia' payment. All maintenance costs for future upkeep of fences and similar adjoining property issues are to be shared 50-50 by each party. Quote the relevant State or Council regulations covering this issue as well.

  • pandadude on 13/11/2021 - 12:06

    Pay the insurance company and have them sort it out. Once you have paid the excess the insurance company can represent you to deal with your investment property neighour and making the area safe.

    I mean the SES were never called out to this property so l have to question how unsafe the tree is.

    Generally speaking if you damage the fence then you are required to repair the fence at your own cost. However, since the insurance company deems this to be an Act of God aka a big storm or similar then no one is technically at fault. So its a 50 50 repair.

    The alternative is to accept fault and pay the repair out of your own pocket if you care so much about your neighour. But no one will reimbursed you for the cost.

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