Tree Lopping from Neighbours Tree

ben10 on 14/06/2024 - 13:10
Last edited 15/06/2024 - 15:52 by 1 other user

Does anyone know if a tree, that stems from the neighbours yard, can be lopped by tree loppers or do they need access to the main trunk?

My neighbour's tree has gotten significantly bigger since I moved here and the branches overhang onto my roof. My main concern is in a storm, the branches snapping and smashing my roof tiles. Secondly, I have a solar powered roof vent which no longer works because of the branches.

I've managed to chop some of the lower branches off but can't get to the higher ones. The house is a rental - I went through the local shire and was given the address of the owners so I sent a registered letter to their address, which was received according to Australia Post, but the owners never bothered responding nor doing anything about the tree.

I went back to the shire who said we don't get involved in things like this. I am happy to pay for a tree lopper to remove the branches but what I want to know is if they need access to the main trunk - which is in the neighbour's yard.

Home & Garden

Comments

  • Beerbudget01 on 14/06/2024 - 13:19
    +33

    Have you asked the tree lopper? It's almost like they're in the business of lopping trees…

  • star-ggg on 14/06/2024 - 13:22
    +2

    Do you know if you need a council permit? My council requires one if tree is of certain height and not in excluded list.

    • jv on 14/06/2024 - 13:24
      +1

      I'm pretty sure the tree owner would need to get the permit.

      • star-ggg on 14/06/2024 - 14:20
        +1

        No, in my council, the property doing the cutting is responsible for applying and paying for the permit.

    • original15 on 14/06/2024 - 22:58

      Do you need a permit for trimming / cutting back? Or just removal
      Edit post below pretty good on this

      • star-ggg on 14/06/2024 - 23:01

        Trimming as well, but obviously pretty hard for them to catch you if you're only cutting back some branches.

  • jv on 14/06/2024 - 13:23
    -2

    Good luck, they charge $000's…..

    • El cheepo on 14/06/2024 - 13:45
      +20

      When did they start working for free?

      • jv on 14/06/2024 - 13:49
        -1

        When did they start working for free?

        When did they start working for a couple of thousand per day?

        • El cheepo on 14/06/2024 - 14:06
          +2

          Just put 000’s x couple of thousand into my calculator.

          Results unclear.

          • MS Paint on 14/06/2024 - 14:35
            +5

            @El cheepo: You need to turn it upside down to get the answer.

            55378008

        • ihbh on 14/06/2024 - 14:55
          +1

          It's exy, but dangerous work. I had quotes from $3.5-8.5k. The top end guy spent 1 hour quoting and was a wealth of info and said he used to work for the Royal Botanical Gardens maintaining their trees, etc. As if I give a (profanity). I just wanted the trees cut/pruned.

          The cheapest quote was a local (spent 5 minutes quoting) - lives about 1km from my place. Did almost a whole day's work - female neighbour on one side swore at the arborists like a Tourette's re cutting down trees and reducing the value of their home - so he had to stop with a bit to go (easy stuff), which I finished with my chainsaw later.

          The main guy climbed a big tree and chopped it up and they pruned a lot of high stuff, including touching power lines, and cut easier trees and mulched it all with 2 assistants and took it away and sub contracted stumps to be ground by another guy a few days later.

          Workers comp and insurance would cost a bomb; also machinery depreciation, and they don't work every day.

          He was a fair bit cheaper than the (mod: edited) doing it for cash, but he was really close and they were far.

          • Odin on 15/06/2024 - 08:57

            @ihbh: Wow that's expensive.

            We had a whole gum tree cut down on our fencline for $3300. Cut into slices from the top down and all branches etc. then fed into their mulcher truck

            • ihbh on 15/06/2024 - 09:36

              @Odin: I had a big tree which was less than half the work, in total for $3.5k cost.

              Depends also on location. We're unfortunately in an area where trades love to work :)

  • Porker on 14/06/2024 - 13:25
    +1

    For Victoria, https://www.disputes.vic.gov.au/information-and-advice/trees….

    If able to speak to Council/Shire again, ask them if the tree is significant or heritage listed in anyway.

    If savvy enough, you could check the town planning regulations for the property (available online for most states) to see if any overlays etc exist that may prohibit even 'maintenance' on the tree. This check might be critical as while the above link is provided, there are (I guess) obligations for example, if you cut the tree and it dies or even requires a permit for even maintenance, then if Council were to fine the owner, I'd expect that that fine/infringement would be pushed by them to you.

    Personally, if the owners are non-responsive, then what I'd do is just inform them of what I intend to do with timeframes. Eg. Please remove the overhanging branches by X date, if not, I will arrange their removal at your cost. If any resultant issues arise, please consider this letter as notice of pending action for which you have been informed of… If you have any queries or objections, please feel free to contact me….

    (Seek further informed advice on this beyond these OZB responses, including mine)

    • orza on 16/06/2024 - 07:44
      -1

      Eg. Please remove the overhanging branches by X date, if not, I will arrange their removal at your cost.

      If I was the neighbour I would just laugh at a letter like that. From your own link:

      Tree owners are not obliged to pay for tree maintenance but they may decide to do so to reduce risk of damage to someone else's property.
      You can maintain branches that cross your boundary line but you need to do this at your own cost.
      If you want your neighbour to pay for any tree maintenance, you’ll need to show it’s damaging your property or it’s found to be causing a ‘private nuisance’ at court.

  • Loot N Plunder on 14/06/2024 - 13:29

    what I want to know is if they need access to the main trunk - which is in the neighbour's yard.

    Your property ends at the fence line not in your neighbors back yard so why even go there?

    • EightImmortals on 14/06/2024 - 13:58

      Because they might want to lop the branch right back to the trunk?

    • ihbh on 14/06/2024 - 15:02
      +4

      They can't fly and might need to climb the tree from the trunk?

  • dominator293 on 14/06/2024 - 13:39

    I'd have a chat to the neighbour (wait till they are in their yard etc and pop your head over the fence), ask if they are all good with you lopping the branches that are overhanging your property and at the same time, ask if the lopping guys can access their yard if the need arises.

    • JimmyF on 14/06/2024 - 13:40

      I'd have a chat to the neighbour

      Its a renter….

      • dominator293 on 14/06/2024 - 13:44
        +4

        Ah, wasn't sure if the neighbour or the Op was the renter, wasn't clear. Either way, he can speak to the neighbour, get the details of the real estate and potentially details of the owner to give them a call. Not rocket science.

        • JimmyF on 14/06/2024 - 14:28

          get the details of the real estate and potentially details of the owner to give them a call.

          OP already got their address from the council, they ignored them.

          But agree, best to speak with the REA who can contact the owners.

      • trapper on 14/06/2024 - 13:45

        Yes, talk to the renter…

        • JimmyF on 14/06/2024 - 14:07
          -1

          Yes, talk to the renter…

          They have no say over trimming trees.

          • trapper on 14/06/2024 - 14:31
            +8

            @JimmyF: They have a say over property access, just ask.

            • JimmyF on 14/06/2024 - 15:45
              -2

              @trapper: But don't have a say over cutting the trees.

              • trapper on 14/06/2024 - 15:50
                +9

                @JimmyF: You don't need permission to cut a branch that is crossing the fence line.

                You only need permission to enter the property, which the tenant can give.

  • JimmyF on 14/06/2024 - 13:40
    +3

    Does anyone know if a tree, that stems from the neighbours yard, can be lopped by tree loppers or do they need access to the main trunk?

    You can generally cut back to the fence line from your side if needed.

    As for access, that would be a question for the people cutting the tree when you get them to quote. So they need access via the neighbours land, then that is a no go without their approval.

    My neighbour's tree has gotten significantly bigger since I moved here and the branches overhang onto my roof.

    While that is an issue, you do need to be mindful when trimming trees not to make them lopsided. ie cutting all the weight off one side will make them heavy on one and maybe falling over.

    Its also nice to advise the owner you will be trimming the trees in advance. If you can't get hold of them, then you can trim what you can legally.

  • trapper on 14/06/2024 - 13:43
    +4

    First just talk to the tenant and ask if they mind your guys accessing the property to lop those branches which extend over the fence. 90% of people are going to say no worries.

    If they are concerned about this then contact the agency that manages the property, better than trying to get hold of the owner.

  • Youfah Mizzum on 14/06/2024 - 13:59
    +1

    As someone who has done this (gotten a tree lopper in to trim a neighbour's tree), it would depend on which limbs you need trimmed, how big the tree is, and a multitude of other variables depending on your specific situation.
    If they're accessible from your side via a ladder and extended chainsaw, or by climbing the tree, then no - they wont need access to the main trunk.

    But really it's a no-brainer getting a few local arborists/tree loppers out to give you a quote. A quick 1 to 2 hour job should only be a few hundred. Then you will know exactly if they need access to the main trunk.

    Remember you can only trim what is overhanging the boundary.

    • ihbh on 14/06/2024 - 15:08
      +2

      A quick 1 to 2 hour job should only be a few hundred

      Sounds logical, but not in reality.

      Someone has to go out and quote and it's hard to line up a couple of 1 to 2 hour jobs in a day, so there will be travel loading in price, if they do it at all.

    • Some Human on 14/06/2024 - 15:28

      My local one charges $450 per hour for their crew.

    • bazingaa on 14/06/2024 - 15:47
      +2

      A quick 1 to 2 hour job should only be a few hundred

      you can get Ozito pole pruner ~$150 and DIY. There were a lot of neglected trees in my house when I bought it, couldn't even access the back of the property. Thanks to Ozito they are long gone.

  • GordonD on 14/06/2024 - 14:14
    +2

    Those branches that are close enough to the ground that they can be cut from the ground or a ladder, or a scissor hoist, can be lopped from your side of the fence. If its a big tree and some branches are too high for that, they need to be lopped by someone accessing the trunk, climbing up, and lopping them.

    You may however be overly worried by branches breaking off, landing on your roof, and breaking tiles damage. Wood is very fibrous. In the case of healthy trees, branches mostly break because the weight of the foliage gets too heavy for the strength of the branch where it meets the trunk, or the branch it comes off. In that case the break occurs at the trunk, fails partially, then only breaks off completely as the branch swings down. As it does it falls foliage first, and the impact is cushioned by the foliage.

  • Dollar General on 14/06/2024 - 14:18
    +2

    Write to the owner again letting them know you will have someone come cut the overhanging branches and you will be leaving the branches on their property unless they would like to cover the cost of mulching whilst the tree loppers are there

    • JimmyF on 14/06/2024 - 14:29
      -4

      and you will be leaving the branches on their property

      Low act even if it is the law.

    • Bruceflix on 14/06/2024 - 14:29
      +7

      In SA the cut branches remain the property of the house with the tree and must be put neatly back on their property.

      • JIMB0 on 15/06/2024 - 09:55

        Including any fruit that may be on the branches.

    • Jimothy Wongingtons on 14/06/2024 - 14:35

      as the occupants are renting, maybe talk to them too? They would probably being it up with REA who would have to talk to landlord? I know this will horribly inconvenience the REA who will have to postpone their Friday afternoon golf game and doing bags in the disabled toilets of the local pub for punch-ons but ya know sometimes you just gotta get things done .

  • Mechz on 14/06/2024 - 16:26

    DIY, 4.5m should be enough?

    http://bunnings.com.au/fiskars-2-2-4-5m-quikfit-telescopic-p…

    • knasty on 16/06/2024 - 06:55

      I've got one of these and they are fantastic so long as nothing underneath to be damaged when the branches fall.

  • Euphemistic on 14/06/2024 - 17:02

    We have no way of determining wether an arborist would need to climb as we cannot see the branches. They may be able to cut with a pole saw, but the branches might also be too big to drop safely and may need lowering from.above.

    Ultimately, you can trim back overhanging branches, just a matter of how you go about it.

  • altomic on 14/06/2024 - 17:57
    +6

    If a tree is cut in a neighbours yard and nobody is there then did it even make a sound?

    • GordonD on 15/06/2024 - 09:55

      I have neighbors who are paranoid about branches from my trees falling into their yard and injuring their kids. So I try to get them and throw them back into my yard before they even know it happened. Did that the other week. Then looked back over the fence later and there were all my footprints. Had a choice of hoping they hadn't come home - its hard to tell - and jumping the fence again and erasing all my footprints, or leaving a note explaining.

  • AndyC1 on 14/06/2024 - 19:17

    Did you have in the letter that legally you have been informed via this letter that any damages caused by falling branches are you responsibility.

  • 82norm on 15/06/2024 - 08:43
    +1

    Make sure you throw the branches back on the owners side.

    • OGGazelle on 15/06/2024 - 09:06

      OP, to clarify on this - it sounds daft but it is a legal requirement. Technically those branches are your neighbour’s property!
      You have the right to remove them from overhanging your property, but not to keep or destroy those branches.

      • Euphemistic on 15/06/2024 - 12:38
        +2

        While this is true, not everyone knows. So its best to consult with your neighbour about where they want the branches before you end up in some petty dispute over a few bits of tree.

  • The Hunted on 15/06/2024 - 10:50
    +1

    Sometimes it's better to apologies than ask permission.
    You have tried already more than I would have.
    I remember when I was a child, my neighbours were asked by my father to trim their branches, never bothered.
    After much angst he took delight in returning their property when he did it himself.
    It was very therapeutic.
    Remember, the branches across your property are costing you money because of your impacted capacity to generate power.

    • theguru1 on 15/06/2024 - 22:39
      +1

      You can cut up to the fenceline bearing in mind you can not cause damage to the tree that affects it's health.

      You can not enter the owners property without the owner's permission, even if it would makes it easier. That would be trespass.

      • Typical16-bitEnjoyer on 16/06/2024 - 11:25

        Not trespass until the owner tells you to leave and you refuse.

        • trapper on 16/06/2024 - 20:15

          No it's not this simple.

          Intent matters. A fence with locked gate is enough to indicate access is not permitted. If you climb over that fence without permission you are trespassing.

  • Typical16-bitEnjoyer on 16/06/2024 - 11:24

    Just tape a chainsaw to a broomstick or 2 like the rest of us do.

    • Minimum chips on 16/06/2024 - 13:48

      Toes and fingers grow back, right?

  • noideaa on 16/06/2024 - 12:40

    You are allowed to if they past your fence line, no need to say anything to them.

    Consider buying a pole saw with an extendable feature (even better with multi tool type) if you feel like you could reach it and the branches are thin.

  • nobro25 on 16/06/2024 - 13:08
    +1

    If you're in the tree lopping business. Get a drone to drop millions of trees seeds in the people's back yard at inconvenient places and then they call you up years down the track to lop down the trees = profit!!!

  • Marty-69 on 16/06/2024 - 14:24

    My tree lopper hoists himself into the big gum tree on my side, cuts everything while hanging on a few ropes and lowers the branches with another rope to the guy on the ground. No need for access to the neighbours. It takes 4 hours every 2 or 3 years to remove the branches overhanging my property.

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