I want to take down a tree!

May

Brisbane, Queensland.

We have a tree growing in the back corner of our land and would like to take it down as it overhangs one neighbours property. An arborist has looked at the tree and advised us that this is the best course of action. Our arborist started taking down the tree when another neighbour at the back came and sat in the back corner of her property so the men couldn't complete the work. This neighbour is now claiming joint ownerhip of the tree as its base at the wideset point goes over the boundary line by 3 to 4 cm. There is currently no fence. Has anyone from Brisbane heard of this situation before?

May

dov

It sounds like arbitration could be an option here. As the neighbour was on their own property, trespass laws can't be used to remove them from a dangerous position. At a guess it should come down to which side of the boundary the tree originated on. Branches overgrowing boundaries etc are covered by local by-laws I think, so your local council is the best place to start. (Find out first if you were supposed to have a permit to remove the tree, if not, GET ONE!)

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May

Hi Dov,

We went to BCC first and they have no interest in the tree and have said we can take it down. I am really intereted in this notion of joint ownership as the tree quite clearly has originated in our property. To date I can't find anthing n govt regulations that covers this situation.

Eric Frei

Welcome to Queensland, wind your watch back 20 years!

You are right, there's little to no law regarding this.

Where the trunk resides now is usually what determines ownership, if the trunk is over the boundary then it's co-owned some say.

I personally am of the opinion it should be from where the centre of the trunk is, but to a lawyer that means you were the original owner in the beginning then later as the tree grew it became co-owned.

Argument is all you get, and it's so typical that people stick their noses over the fence too often.

The arborist should have told you to talk to your neighbours first, I do. In fact on some fence line prunes and controversial jobs I walk away because your tree problems should not become my battle ground with neighbours, but yours to sort out prior, on pruning jobs I like both parties to be there, if it goes bad I walk away for same reasons (arguing people does little for tree care).

Council isn't interested as they dont have a law or regulation on it plus it's in a private yard. However in saying that if it were a council tree on the footpath and the trunk grew large enough that it was on your property would the council deem it co-owned? Run that by them.

You are in a civil dispute area, not sure if there is any precedents either here. Another way to look at it is this .... just because parts grew beyond the boundary what makes it co-owned? What about when branches grow past the boundary or roots for that matter, does that it make it co-owned or tresspassing tree parts that the neighbour can cut off? See the issues, all a load of tripe because useless officials dont make fair rules.

Queensland Australia Fence Line Law

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Farawaytree

Ditto Ekka, on getting both (or all) neighbours in joint discussion beforehand!
I do a lot of "fence pruning" and rarely, if ever do I have a problem because I approach the matter with respect for all parties and we usually reach an outcome. But no fence and 3 - 4 cm is tricky! guess you should still know your boundary, hey!
Farawaytree.

Eric Frei

You pull a chainsaw out these days you got noses over fences straight away, like your some damned environmental rapist or something.

Some neighbours agree to fenceline prunes but refuse to let you cut to collars so you have a bunch of stubs.

Some refuse access, to site and tree. How do you get up the tree?

Some turn hoses on or like the Carwash King throw stones and get away with it regardless of video evidence.

You have to be vigilant.

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dov

So much easier here in Victoria. It's all about where the tree originates here, but I've not run into a dispute where the trunk straddles the boundary yet. If branches grow over to your side of the fence from your neighbours house, you can cut them and throw the branches back over the fence (I advise people not to throw them back - better to pay me to deal with the waste!) One boundary prune I did a while ago, I convinced the guy to pay for me to do the pruning that the neighbour (tree owner) wanted on the other side of tree as well so that everything was nice and neat. Neighbourly dispute gone, both people happy, cash in my pocket.

Only thing I can suggest in this case is to TALK with the neighbour. If the person is too loopy a greeny, try offering a gift of two trees they can plant on their side when the tree is gone. Your other good option is to remove any branches on your side that are a problem. Final option is to track your neighbours movements for a bit and then call the arborist in to cut it down when the neighbour is going to be out.

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stirmantrees

in the states if the neighbors tree is a hazard then i can issue a certified letter informing the neighbor of the "now negligence situation" and that any damage that occurs from the tree to my property will be their responsibilty and will hold up solid in court of law.

what is wrong with the tree? give us some pics.

I wonder, and i am thinking out loud here.......... if the tree is dangerous....legitimately dangerous..... if one could issue a certified letter stating that the tree needs to be removed... the neighbor is restricting you from removing this tree and you will not be responsible for any damage occuring to "her" property from this tree as well as holding them responsible for any damage occuring to your property. not the best way to build a relationship with your neighbor ofcourse.

Sounds like you need a competent lawyer. yikes. anyways, just thinking outloud... no advice given here.... just thinking...plus im in the states so i doubt i'd get called into giving depositions.

someone in the states would just crane the tree out while the person was gone on vacation or church. lol

sincerely,

Mr. somebody else