Trees (Disputes between Neighbous), LAND & ENVIRONMENT COURT, N.S.W., AUSTRALIA

azrael

Ekka used his back-yard for practicing his chainsaw techniques......

mdvaden

You're kidding !! - You get the same TV garbage that we do?

It's not all bad, but I almost asked last week if you folks get the same stuff as here - CSI, Chuck Norris, Bourne Ultimatum, Dr. Phil, Etc., Etc..

So... the .pdf - page 3

"justly, quicky and cheaply" (starting with $173 to $364 of course)

And, potential failure to act penalty of 110 units x $1000 ("justly, quickly and cheaply" of course)

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Oregon BIGOOT trap

JayD

Yes we do, Mario, But the the Judge Judy Ekka's refering to, And Sean was talking about in post#12 is Judy Fakes a brilliant Arborist,Head teacher at Ryde Tafe, Arboriculture, Comisioner in The Land and Enviroment court, Here in Australia.

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azrael

There's solid reading in the cases heard by this Court so far...unfortunately I became a bit overwhelmed and lapsed mid-way through ...into sillyness and
I needed a re-focus...especially since the trees usually WIN.

TrevMcRev

I loathe dealing with folk that want to cut/trim/hack/fenceline/remove neighbours trees.

FFS, clean ya gutters, get a pool cover etc. Get over it.

Worst customers going, try to filter out these and not even quote em.

When its not their tree, there is no adding value to your service, just cheapest price and risking all sorts of crap from the tree owner and rightly so.

Almost more worthwhile going to quote someone who wants to lop. At least its their own tree, they might value it somewhat, just aren't educated, yet.

I'd freak too if i came home and found some one cut/cutting my tree.

Heck, i even chased off the council contractors when they come down my street. After seeing what they did on the other side of the road there was no way they were touching the tree in front of my place. Ripping branches off by hand is the method for crown lifting apparently.

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Ekka

Geee, that's a bit hopeless.

Hey, your trees hang over my fence I'm going to cut them ... get over it! And by law I'm allowed to!! And then I can even do the same to the roots of it!!! And I'm allowed to, that's the law here.

In fact, one of the largest gripes is that the victim of the trespass has to pay for it, that's not right either, the tree owner should. That's what goes on here.

I even had a BCC Leopard tree on the footpath that was hanging over the side fence of a corner house block. We were allowed to cut it back to the fenceline, BCC said OK. If they said not OK the customer likely would have gone to see a solicitor and got a letter drafted coming in at the angle of private nuisance.

Funny how people automatically think trees have right of way, and those who cut them legally are the bad guys.

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TrevMcRev

Here, Local Laws that dictate tree pruning & removal overide the Common Law that says you can do that, provided the tree is of size that meets the council criteria to need a permit. Instead you will have to prune to standards and permit conditions. Some reduction of spread may be allowed, but necessarily back to fenceline unless it is suitable for the tree to be pruned that way.

And you will need the neighbours/tree owners written permission to get the permit.

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TrevMcRev

Also this could be overided in a court if what you did were extreme enough to cause harm/decline/death/failure of the tree.

Could end up sued for damages.

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Ekka

I agree, but most trees here aren't protected and most wont die or uproot.

On the Gold Coast for example, if the tree is within 3m of the fence line it's excluded from protection too, quite a few councils have done this for a reason.

With regard to:-

That's the case for everything not only trees, if you increase a hazard/cause damage even indirectly you can be sued, of course, and so can you if your tree damages neighbours infrastructure/pipes etc.

In normal years the growth rates of trees here is something else, some of the tropical type trees grow 5m a year no sweat. I have seen near entire back yards some 15m wide of intrusion. The "victim neighbour" gets no sunlight and the tree was a Chinese Elm (Celtis sinensis) that dropped all it's leaves. Their entire yard was 3" deep in leaves. They raked a massive pile of leaves, they're rear deck was covered with black sooty mould, the neighbour refused to prune or remove so we did. Cost her $1000 for us to prune that monster back to the fence line. The neighbour refused collar cuts but allowed us to climb the tree ... whopping stubs left some 12"+ diameter.

It's a weed here anyway. Cant kill them with a stick that's for sure, tough mongrel things.

Weeds Australia - Weed Identification - Chinese Celtis

Hardly what I call responsible tree ownership.

Did it look ugly after we pruned it? My word, but I did it because it was a crap weed tree anyway and I felt sorry for the customer. She was using those wool bale services to get rid of the leaves ... bag after bag, raking, cleaning, no lawn what so ever, other garden plants struggling.

Another example was a row of fiddlewood trees planted 1' off the fenceline along a boundary with a multi-unit carpark. No-one could park under them. The canopies of the trees intruded over the carpark some 7m. Those tree get the lantana bug and drip homeydew, sap ans black sooty mould. Your car was coated with the sticky crap.

Got a tower and as the crow flies belted it back to the fence-line whilst the owner protested. Those trees stopped 6 car parks and people were parking on the road instead.

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