Jacaranda trees fence line disputes

Liz · 29th January 2008, 12:59 AM

Hello to those who can lend a friendly ear. I have a neighbour (Kingsgrove Sydney N.SW) who had planted a Jacaranda only 12 inches from our fence line & 2 metres from my sewer line. Think its been in the ground for about 1yr. Is 6ft tall with still a narrow trunk. Am I worrying unnecessarily about the problems it's position might cause. Looking forward to some feedback.

Thanks from Liz.

philodendron · 29th January 2008, 01:32 AM

Well Liz, considering that a Jacaranda has a fair expectation of growing to 12 x 12 metres, with a trunk diam of 60+ cm, and doesn't mind a bit of water if an old sewer is nearby, I think it would be prudent to move it next winter during its dormant period-July August should be OK. If its 2m tall, try to get a rootball 50-60 cm across and say 30-40cm deep.
It may take a few weeks longer to kick back and start reshooting but it will, given water and a dose or 2 of Formula 20.
Most people just seem to ignore what they see all around in terms of potential tree sizes, leading to problems or a tree which has to be cut down and wasted.
Regards
Philodendron

Ekka · 29th January 2008, 01:11 PM

Liz, if you followed many of my posts on this sort of tree planting and foresight you would see I'm as disappointed and concerned as you are.

Here's a thread on it.

Queensland Australia Fence Line Law

Whilst there's council regulations on even sheds people can plant whatever they like where ever they like. It is also done in an anti social behavioural sense where the trees are used as weapons in a fight to aggravate neighbours.

Then imagine and possible, down the track the tree could get protected taking right of way over what you do in your property. The tree has an allowance for roots to so if you wanted to re-landscape, excavate, put a pool in etc the tree owner could argue due to root damage what you do on your own land. In an extreme sense tree huggers or difficult neighbours could plant out their entire fence-lines with large trees and possibly control the neighbouring properties, totally unacceptable.

Simply unacceptable and clearly shows the flaws of landscape management and town planning.

If I were you I would approach the neighbour nicely and request it be moved, failing that then prepare written document perhaps by an arborist and "put them on notice". Send the letter certified mail and keep records.

Inform your local councillor of the inadequacies of the current state of affairs pertaining to tree selection and planting.

Fancy that, tree owners dictating what you can and cannot do on your property especially when coming from a trespassing point of view ... yes, both tree roots and canopy that come over your side of the fence are trespassing.

Sean Freeman · 29th January 2008, 01:23 PM

Hello Liz, you're lucky that in NSW there is an excellent bit of legislation that is helping to manage the inevitable problems that our small yards throw up when people want (understandably) to grow large trees.

I would approach your neighbour and talk through with them your concerns letting them know why you are concerned and see if they are prepared to move the tree, as has been pointed out such a small sapling can be safely effectively moved with very little negative impact on the tree (if done properly). Hopefully your neighbour is a pleasant reasonable person, and will repsond to your request...you're not asking them to remove the tree just move it further from the fence based on its known genetic potential.

Ekka · 29th January 2008, 01:44 PM

So Sean, how does that "excellent bit of legislation" help in this specific instance?

Sean Freeman · 29th January 2008, 01:56 PM

No one can force a neighbour to do anything with a sapling that has yet grown into a problem mate...and frankly nor should they be able to.....just think that through eh?

The fact that there is legislation to help properly manage disputes over trees and fencelines can help in this case because the previous rulings that Liz can read...as can her neighbour...show what they could likely both expect from the examination of their (as yet hypothetical) dispute.

Common sense you would hope would prevail.....if not that has nothing to do with the tree and everything to do with the personalities envolved.

Ekka · 29th January 2008, 02:29 PM

Exactly, the legislation does nothing for prevention.

What Liz can see is when the tree trespasses she (the victim) undergoes a lot of rigmarole to defend her case. Hardly a proper system and has it's flaws.

Then when the tree has grown larger ....

Quote:

No one can force a neighbour to do anything with a sapling that has yet grown into a problem mate...and frankly nor should they be able to.....just think that through eh?

But a tree owner can to a degree force neighbours to do something. So whilst you can smugly say too bad for the neighbour whilst it's a sapling for every year that sapling grows it's like the pendulum swinging against Liz in this case, and the outcomes of the cases show that. Then the sapling becomes a tree and Liz loses ... think that through, loses rights on her own property.

I did read one case where Judge Judy recommended the removal of Bunya nuts on a frequent basis, pretty tough task for any climber when there's targets beneath.

Liz · 29th January 2008, 04:04 PM

Hi All, thanks heaps for the helpful feedback. Much appreciated.
Not sure of my plan of attack at this stage. Had spoken to the neighbour (husband) a month ago before airing my problem here. He mentioned he will rip out at the first sign rouble, but that might mean at my expense of a plumber first ??
Anyway, I'm not in the good books with the wife who had words with me pulling away some vine from my back brick wall of my garage where their climbing vine had invaded.
Another words not having fun managing neighbourly relations over past 12months.

Ekka · 29th January 2008, 04:15 PM

Yeah, typical.

Why let the tree establish?

And isn't it funny, you talking to him about the tree and your concerns isn't the first sign of trouble.

I asked my neighbour about his tree, answer was similar, I'll be dead before that breaks your wall. There you go, considerate eh. Funny if then the tree is protected and I incur additional costs to design around his tree.

So I take it you also pulled their vine off your wall and they didn't like that either, if it was me I would have poisoned it (the vine).

We have creeping vine coming from the crap hole behind us, I spray it with round up ... works a treat.

Liz · 29th January 2008, 06:54 PM

Thanks for your support Ekka, Philodendron & Sean...
Ekka the vine travelled around from my side wall (unfortunately my garage is on the fence line border, where they've taken claim to doing what they want with my side wall) to my back wall. I tugged at this creeper once & got annoyed the 2nd time round, so you can imagine the extra effort I put into the 2nd pull. This is what upset her. If she knows every inch of the vine as she claims then she should have pruned it. This ivy has strong ugly marking roots which will eventually damage old mortar (which mine is). If anyone should be upset, it's certainly not her !! Give me strength...

Ekka · 29th January 2008, 07:46 PM

More like a dirty big bat to beat some common sense into these fools.

Good luck, daily I deal with this and people think coz it's green it's right.

Liz · 29th January 2008, 07:54 PM

thanks again Ekka - need heaps of luck... & endurance.
Will keep all posted with futures, so watch this space.
Here's hoping

Ekka · 29th January 2008, 07:57 PM

Pssst, they're falling like flies here.

New Farm Jacarandas

Liz · 29th January 2008, 08:03 PM

Dear Ekka, I get your point - but guess I'm a tad timid since I've already broached the tree subject with hubby, they'll know it was me. They will then do unto others ?? Why I didn't bother debating over the vine & I did use a bit of Roundup. Time will tell.

Ekka · 29th January 2008, 08:16 PM

I have a simple philosophy in my yard, stay within it!

Sean Freeman · 29th January 2008, 09:29 PM

Quote:

What Liz can see is when the tree trespasses she (the victim) undergoes a lot of rigmarole to defend her case. Hardly a proper system and has it's flaws.

Yes it has flaws...what do you expect? It devised by people to attempt in the best way possible to manage the madness that people get up to when they live next to each other!

By your reckoning (it would seem) the fence police should be able to come into my yard and rip out any tree I plant in my ground? and this is better how exactly

People should be able to live next to each other and be considerate of each others needs...including the need not to have their property torn apart by the roots of a massive tree, you can't legislate away self centred stupidity Eric..what you're objecting to isn't the trees mate, can't you see that? Its the idiots who plant it there and have no consideration for their neighbours, just like the gits who rev their V8 at 7am Sunday morning or party till 3am every Fri/Sat...no laws no matter how well thought through will prevent them from doing it, there are laws to deal with the event after the fact and mate that is what the NSW act does...nothing more nothing less....

29th January 2008, 12:59 AM	#1 (permalink)
Liz Gettin' motoring Join Date: Jan 2008 Location: Sydney, N.SW Posts: 16	Jacaranda trees fence line disputes Hello to those who can lend a friendly ear. I have a neighbour (Kingsgrove Sydney N.SW) who had planted a Jacaranda only 12 inches from our fence line & 2 metres from my sewer line. Think its been in the ground for about 1yr. Is 6ft tall with still a narrow trunk. Am I worrying unnecessarily about the problems it's position might cause. Looking forward to some feedback. Thanks from Liz.

29th January 2008, 01:32 AM	#2 (permalink)
philodendron Break'n the ice Join Date: Jan 2008 Location: Sydney, Australia Posts: 8	Re: Jacaranda trees Well Liz, considering that a Jacaranda has a fair expectation of growing to 12 x 12 metres, with a trunk diam of 60+ cm, and doesn't mind a bit of water if an old sewer is nearby, I think it would be prudent to move it next winter during its dormant period-July August should be OK. If its 2m tall, try to get a rootball 50-60 cm across and say 30-40cm deep. It may take a few weeks longer to kick back and start reshooting but it will, given water and a dose or 2 of Formula 20. Most people just seem to ignore what they see all around in terms of potential tree sizes, leading to problems or a tree which has to be cut down and wasted. Regards Philodendron

29th January 2008, 01:11 PM	#3 (permalink)
Ekka Eric Frei Administrator - Brisbane L5 (Dip) Hort Cert III Arb + some Join Date: Jan 2007 Location: Brisbane Posts: 5,673	Re: Jacaranda trees Liz, if you followed many of my posts on this sort of tree planting and foresight you would see I'm as disappointed and concerned as you are. Here's a thread on it. Queensland Australia Fence Line Law Whilst there's council regulations on even sheds people can plant whatever they like where ever they like. It is also done in an anti social behavioural sense where the trees are used as weapons in a fight to aggravate neighbours. Then imagine and possible, down the track the tree could get protected taking right of way over what you do in your property. The tree has an allowance for roots to so if you wanted to re-landscape, excavate, put a pool in etc the tree owner could argue due to root damage what you do on your own land. In an extreme sense tree huggers or difficult neighbours could plant out their entire fence-lines with large trees and possibly control the neighbouring properties, totally unacceptable. Simply unacceptable and clearly shows the flaws of landscape management and town planning. If I were you I would approach the neighbour nicely and request it be moved, failing that then prepare written document perhaps by an arborist and "put them on notice". Send the letter certified mail and keep records. Inform your local councillor of the inadequacies of the current state of affairs pertaining to tree selection and planting. Fancy that, tree owners dictating what you can and cannot do on your property especially when coming from a trespassing point of view ... yes, both tree roots and canopy that come over your side of the fence are trespassing. __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping Brisbane Tree Care, Consultations and Arborist Reports Forum Sponsors

29th January 2008, 01:23 PM	#4 (permalink)
Sean Freeman PDF King & Arborist Extrodinaire Join Date: Feb 2007 Location: Townsville Nth Queensland & Gold Coast Sth Queensland Posts: 1,521	Re: Jacaranda trees fence line Hello Liz, you're lucky that in NSW there is an excellent bit of legislation that is helping to manage the inevitable problems that our small yards throw up when people want (understandably) to grow large trees. I would approach your neighbour and talk through with them your concerns letting them know why you are concerned and see if they are prepared to move the tree, as has been pointed out such a small sapling can be safely effectively moved with very little negative impact on the tree (if done properly). Hopefully your neighbour is a pleasant reasonable person, and will repsond to your request...you're not asking them to remove the tree just move it further from the fence based on its known genetic potential. __________________ Sean Trees are poems that earth writes upon the sky, We fell them down and turn them into paper, That we may record our emptiness. - Kahlil Gibran

29th January 2008, 01:44 PM	#5 (permalink)
Ekka Eric Frei Administrator - Brisbane L5 (Dip) Hort Cert III Arb + some Join Date: Jan 2007 Location: Brisbane Posts: 5,673	Re: Jacaranda trees fence line So Sean, how does that "excellent bit of legislation" help in this specific instance? __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping Brisbane Tree Care, Consultations and Arborist Reports Forum Sponsors

29th January 2008, 01:56 PM	#6 (permalink)
Sean Freeman PDF King & Arborist Extrodinaire Join Date: Feb 2007 Location: Townsville Nth Queensland & Gold Coast Sth Queensland Posts: 1,521	Re: Jacaranda trees fence line No one can force a neighbour to do anything with a sapling that has yet grown into a problem mate...and frankly nor should they be able to.....just think that through eh? The fact that there is legislation to help properly manage disputes over trees and fencelines can help in this case because the previous rulings that Liz can read...as can her neighbour...show what they could likely both expect from the examination of their (as yet hypothetical) dispute. Common sense you would hope would prevail.....if not that has nothing to do with the tree and everything to do with the personalities envolved. __________________ Sean Trees are poems that earth writes upon the sky, We fell them down and turn them into paper, That we may record our emptiness. - Kahlil Gibran

29th January 2008, 04:04 PM	#8 (permalink)
Liz Gettin' motoring Join Date: Jan 2008 Location: Sydney, N.SW Posts: 16	Re: Jacaranda trees fence line Hi All, thanks heaps for the helpful feedback. Much appreciated. Not sure of my plan of attack at this stage. Had spoken to the neighbour (husband) a month ago before airing my problem here. He mentioned he will rip out at the first sign rouble, but that might mean at my expense of a plumber first ?? Anyway, I'm not in the good books with the wife who had words with me pulling away some vine from my back brick wall of my garage where their climbing vine had invaded. Another words not having fun managing neighbourly relations over past 12months.

29th January 2008, 04:15 PM	#9 (permalink)
Ekka Eric Frei Administrator - Brisbane L5 (Dip) Hort Cert III Arb + some Join Date: Jan 2007 Location: Brisbane Posts: 5,673	Re: Jacaranda trees fence line Yeah, typical. Why let the tree establish? And isn't it funny, you talking to him about the tree and your concerns isn't the first sign of trouble. I asked my neighbour about his tree, answer was similar, I'll be dead before that breaks your wall. There you go, considerate eh. Funny if then the tree is protected and I incur additional costs to design around his tree. So I take it you also pulled their vine off your wall and they didn't like that either, if it was me I would have poisoned it (the vine). We have creeping vine coming from the crap hole behind us, I spray it with round up ... works a treat. __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping Brisbane Tree Care, Consultations and Arborist Reports Forum Sponsors

29th January 2008, 06:54 PM	#10 (permalink)
Liz Gettin' motoring Join Date: Jan 2008 Location: Sydney, N.SW Posts: 16	Re: Jacaranda trees fence line Thanks for your support Ekka, Philodendron & Sean... Ekka the vine travelled around from my side wall (unfortunately my garage is on the fence line border, where they've taken claim to doing what they want with my side wall) to my back wall. I tugged at this creeper once & got annoyed the 2nd time round, so you can imagine the extra effort I put into the 2nd pull. This is what upset her. If she knows every inch of the vine as she claims then she should have pruned it. This ivy has strong ugly marking roots which will eventually damage old mortar (which mine is). If anyone should be upset, it's certainly not her !! Give me strength...

29th January 2008, 07:46 PM	#11 (permalink)
Ekka Eric Frei Administrator - Brisbane L5 (Dip) Hort Cert III Arb + some Join Date: Jan 2007 Location: Brisbane Posts: 5,673	Re: Jacaranda trees fence line More like a dirty big bat to beat some common sense into these fools. Good luck, daily I deal with this and people think coz it's green it's right. __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping Brisbane Tree Care, Consultations and Arborist Reports Forum Sponsors

29th January 2008, 07:54 PM	#12 (permalink)
Liz Gettin' motoring Join Date: Jan 2008 Location: Sydney, N.SW Posts: 16	Re: Jacaranda trees fence line thanks again Ekka - need heaps of luck... & endurance. Will keep all posted with futures, so watch this space. Here's hoping

29th January 2008, 07:57 PM	#13 (permalink)
Ekka Eric Frei Administrator - Brisbane L5 (Dip) Hort Cert III Arb + some Join Date: Jan 2007 Location: Brisbane Posts: 5,673	Re: Jacaranda trees fence line Pssst, they're falling like flies here. New Farm Jacarandas __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping Brisbane Tree Care, Consultations and Arborist Reports Forum Sponsors

29th January 2008, 08:03 PM	#14 (permalink)
Liz Gettin' motoring Join Date: Jan 2008 Location: Sydney, N.SW Posts: 16	Re: Jacaranda trees fence line Dear Ekka, I get your point - but guess I'm a tad timid since I've already broached the tree subject with hubby, they'll know it was me. They will then do unto others ?? Why I didn't bother debating over the vine & I did use a bit of Roundup. Time will tell.

29th January 2008, 08:16 PM	#15 (permalink)
Ekka Eric Frei Administrator - Brisbane L5 (Dip) Hort Cert III Arb + some Join Date: Jan 2007 Location: Brisbane Posts: 5,673	Re: Jacaranda trees fence line I have a simple philosophy in my yard, stay within it! __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping Brisbane Tree Care, Consultations and Arborist Reports Forum Sponsors