Neighbours tree and fenceline disputes (Tasmania)

db1

Hi, just seeking some general info on what rights I have regarding disputes with our neighbours and their trees. We have a blue gum approx 25m tall growing smack bang in our fenceline (half on their side, half on ours). It is a healthy tree, but if it were to fall, it would fall on our house, it also cuts a lot of our sunlight in winter. We want it gone, but the neighbours (mainly the wife) are being difficult. We have spoken to them on numerous occasions over the last two 1/2 years, but so far they refuse to take any action.
1. Do we have the right to have it removed?
2. Do we have to pay for half the costs?
3. Do we have equal rights to the firewood resulting from the felled tree (even if it is professionally felled and lands on their side of fence?
Any help would be greatly appreciated

Eric Frei

The tree is co-owned, you and your neighbour.

You are so much between a rock and a hard place that I would suggest going to a lawyer.

Just ring council to make sure the tree is not protected first, I doubt it would be.

The Lawyer needs to be aware of any local regs or laws, sometimes councils offer mediation.

Also an arborist report on the existing condition of the tree, it's potential future size and issues, and his recommendations regarding both suitability for retention and removal.


I'll work against you here to be a devils advocate.

The tree comes up co-owned from survey and is protected. Then unless the tree is defective to the extent it poses a danger it stays, end of story.

As an arborist I do the protection check first, before visiting site. That way I know I'm not wasting my time. If it is protected then as soon as I arrive I know the tree stays unless .... are you with me, stays unless there's problems.

If there's no problems, (I dont bullshit or carry on) I just walk away, paid! Paid as I'm not a charity and you couldn't diagnose what I did and like other trades a callout fee is required to cover my time, fuel and other expenses like answering your phone call.

Another scenario, the tree is not protected

I know that there's a feud and if the tree is defective enough it can go for safety reasons, so again I examine for problems bad enough to warrant removal.

Tree is good though, so no green light for you again.

Now it boils down to civil actions or mediation.

This is where you need a lawyer. One option would be from the arborist report is getting a tree valuation and compensating them by buying out 50% of the value of the tree from them.

Of course in that case all parts/mulch/wood etc is yours and make sure you stitch them with a rock solid no replacement or replanting clause, make it good so they dont replant within coooeee of the dang tree! Some smart asses will replant a flamin huge fence line long 100' high screen.

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I understand your frustration ... and also theirs. I can argue just as well for either party however in all my rantings on this site you will have piece of mind to know I am very anti co-owned trees, and very anti of trespassing trees ... as that is due to empathy for both sides of the fence and the frustrations you both face.

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Steve Tipton

If removal can't be approved/agreed to, a compromise may be thinning and pruning the tree.
Correctly done, this can reduce the likelihood of the tree failing, either by falling over or dropping large limbs. Thinning can also increase the solar access you're seeking.

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Heightmaster

Sunraysia Tree Solutions

The law hand book is a good spot to start for Victorian Tree fenline disputes

Chapter?14.?FENCES AND TREES


Although it does use the term tree lopper, which I hate ( in victoria usually means tree topper).