Experience with Community Justice Centres - Mediation Invitation w/ Neighbour Re: Tree Dispute

Jasonofoz on 02/07/2024 - 20:59

Has anyone got any experience of attending one of these sessions?

It's a plot of commercial land that is leased out and managed by managing agents.

A few months ago the neighbour requested us to cut down a tree that was within 5m of his dwelling.

At our cost, we removed the tree but the stump stayed.

A new property owner has since taken occupation and is now insisting we pay for the removal of the stump as they are claiming roots have damaged their drains.

As we already believe we have already undergone considerable expense to remove the tree, we don't feel that we should need to do more for a tree that is dead. (stump is in the corner and not in anyone's way, hence we didn't feel a need to remove it or grind it down)

How has your mediation experience gone?

Home & Garden

Comments

  • JIMB0 on 02/07/2024 - 21:28
    +6

    Let the tree live. You're too kind to your neighbours, they should have done their due diligence before buying the place.

    • chriskq on 02/07/2024 - 21:49
      +2

      there is only a stump left, what do you mean let the tree live?

      @OP If tree/stump is on your land you dont have to do anything. Stand your ground. I wouldnt either bother going to the mediation, it will solve nothing and more of a loose loose situation for you.

      • JIMB0 on 03/07/2024 - 05:10
        +4

        I'd put another tree in. These neighbours will complain no matter what you do.

      • ThithLord on 03/07/2024 - 08:42
        +1

        loose/loose lol

      • Jasonofoz on 03/07/2024 - 14:24

        Fair enough although by not turning up to mediation, I'm not sure if that'll just count against us.

  • OMGJL on 02/07/2024 - 21:41
    +9

    you probably shouldn't accept old tenant's request —- the tree is within your dwelling, they dislike it, they want to remove it, then they should invest time and money to remove it, and you get to accept or deny it.

    now the new owner is being unreasonable. They should've known better when/before they bought the house. How did they know if the dead tree have grown more root to damage their drain?

    If they want to do it, let them pay for the work as well as your disturbance.

  • Jasonofoz on 02/07/2024 - 21:46
    +2

    We did try to make old neighbour pay or at least meet half way, but they weren't having a bar of it.

    Was just concerned that we'd be hit with the bill relating to damages so did what we thought the neighbourly thing. (but didn't realise they were doing it to sell.)

    Sometimes good intentions can bite you in the A%*E

    What can the mediators do?

    • holdenmg on 03/07/2024 - 02:59
      +6

      Hi,

      I have been through a similar situation and it can get very expensive very quickly,

      The drains could just be old or have damage or impaired use for any number of reasons.

      Let them get a Camera down there or get an arborist in.

      The new property owner should have down their inspection better.

  • AndyC1 on 02/07/2024 - 22:20
    +5

    Be very careful and do not admit anything or agree to anything that could be taken as admitting liability to any damage.

    Only say "I was not aware of any damage before asked to cut the tree down to the best of my recollection". Only admit that you were asked to cut it down due to the proximity.

    Ring up the Community Justice Centre and ask if any outcome/result/judgement is legally binding and if is is then ask when occurs if you do not appear.

  • pndl on 03/07/2024 - 00:41
    +3

    Mediation is about coming to some sort of compromise. Is this something you are prepared to do?

    • Jasonofoz on 03/07/2024 - 14:16
      +2

      I think we have already compromised to the tune of $3,500 cutting down the tree in the first place. (cost included poisoning the stump)

      I suppose I still have a spare kidney to bring to mediation…

      In all seriousness, I have done some reading and apparently the roots would live slightly longer with just the stump, but understand the roots will eventually die/rot away.

      Obviously there's no shoots / leaves grown from the stump. Any arborists can confirm? (standard variety backyard gum tree)

  • Trying2SaveABuck on 03/07/2024 - 07:06
    +2

    they can get rid of it and pay for it

    • holdenmg on 03/07/2024 - 08:26
      +2

      Had a dead tree in the front yard.

      Tree Lopping guy (Insured) knocked on the door, offered to cut it down if he could have it for firewood.

      Good deal. :+)

  • geekcohen on 03/07/2024 - 07:36
    +2

    A new property owner has since taken occupation and is now insisting we pay for the removal of the stump as they are claiming roots have damaged their drains.

    Have they provided any evidence to support this?

    • Jasonofoz on 03/07/2024 - 14:16

      No we haven't seen any.

      • geekcohen on 03/07/2024 - 14:26
        +2

        They are probably hoping you'll just flop and do what they say. I would ask for evidence.

        • Jasonofoz on 03/07/2024 - 15:25

          So if it was proven that it was this tree that damaged the pipes on the neighbour's property, we would still be liable?

          Tree was planted years before this house was built.

          At no point were we asked to remove the tree and they would have put in the sewage drains/pipes adjacent to the tree on our side of the fence.

          • geekcohen on 03/07/2024 - 15:52
            +1

            @Jasonofoz: There is probably some council law or rule about plantation of the tree etc etc, so yes, you could be liable. But I am not a lawyer.

  • geekcohen on 03/07/2024 - 07:37
    +1

    MS Paint diagram?

  • kouk on 03/07/2024 - 09:53
    +3

    The tree is already dead, the roots have stopped growing, removing the tree stump is not going to undo any alleged damage done to their drains. They bought the house after the tree was already chopped down, meaning any alleged damage would have already been there. Tell them to take it up with whoever did their building inspection

  • ihbh on 03/07/2024 - 09:58
    +1

    How much did it cost to cut down the tree. 5m is a lot, was it a giant tree?

    FYI, cost to grind a stump if you do a few is $50 (at least that's what the subcontractor charges, that my arborist uses).

    • Jasonofoz on 03/07/2024 - 15:28

      Over $3,000 as it was a very big/tall tree (at least 20m)

      Stump was poisoned and chopped off with only 15-20cm of the stump exposed above soil level.

  • 87percent on 03/07/2024 - 11:13
    +1

    There’s no way you can seek compensation from a neighbour for their tree causing damage to your pipes?

  • sumyungguy on 03/07/2024 - 15:10
    +1

    Neighbour's drains are faulty if they allow tree root ingress.

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