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| | #1 |
| Sappling Join Date: Nov 2008 Location: Greenwich
Posts: 6
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Can anyone help me? Our neighbour has 7 very large Golden Cypruss Pines planted just over our fence line. 7 Years ago when we moved here they were approximately 5 metres tall at their highest point with about half a metre protruding over our side of the fence. Today they have grown to 10 metres at the highest point and now protrude about two metres over our side of the fence. Over the years I have had numerous discussions with the neighbour (a business) asking that the trees be maintained properly and not allowed to grow too far into my garden or too high thereby cutting off our (previous) spectacular views. I had no success. Now with a new owner I thought I had a chance of finally getting something done. I explained my problem to the new neighbour who seemed quite receptive to my concerns and said he would do something about it. They then proceeded to obtained an arborists report stating that, a) to prune the trees back to our fence line and to lob a few metres of the top would leave a very ugly looking wall and top as Cypruss pines do not grow back their foliage b) they also say if we do that it will probably kill the trees and may cause them to fall over c) he goes on to say that the tree bases are already unstable and recommends they be pulled down and replaced with something more manageable such as a hedge type species. I am happy for that to happen. However the neighbour has written to me stating that "I" should obtain the council approvals and that "I" should pay the $3,500 to pull down the trees. They will in return plant trees of a hedge type species at their cost, costing approximately $19 each. Am I missing something here of is this guy trying to con the village idiot? What can I do? Hope you can help. Treecrazed
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| | #2 |
| Monument Status Join Date: Dec 2007 Location: Cincinnati, Ohio, USA
Posts: 2,119
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In our neck of the woods one can cut back trees to the "aerial" border if it does not jeopardize the health of the tree. As far as disrupting views it is usually a local ordnance that defines rights here. Sounds like a fifty fifty deal would be in order . Have you tried this? Share the expense of the removal and the planting totaled.
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| | #3 |
| Sappling Join Date: Nov 2008 Location: Greenwich
Posts: 6
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Thanks for your input. We were quite frankly expecting a 50/50 proposal but that wasn't forthcoming. My anger stems from the fact that had they maintained the tree when I requested it over the years we would not now be in this situation facing $3,500
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| | #4 |
| Monument Status Join Date: Dec 2007 Location: Cincinnati, Ohio, USA
Posts: 2,119
| That's a big hit! Are you in Greenwich, Conn. or in England? I think small claims courts fall within that $ realm these days?
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| | #5 |
| Sappling Join Date: Nov 2008 Location: Greenwich
Posts: 6
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Greenwich, Sydney, Australia
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| | #6 |
| Monument Status Join Date: Dec 2007 Location: Cincinnati, Ohio, USA
Posts: 2,119
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| | #7 |
| Veteran Heritage Status Join Date: Feb 2007 Location: Townsville Nth Queensland & Gold Coast Sth Queensland
Posts: 1,981
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You are in NSW so you have the option of approaching the Land and Environment Court and engaging with the Trees(Disputes Between Neighbours) Act 2006 Tree Dispute Information - Land & Environment Court : Lawlink NSW Its not a silver bullet but its a lot better than anything we have here in Qld. |
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| | #8 |
| Sappling Join Date: Nov 2008 Location: Greenwich
Posts: 6
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Thanks Sean, Very helpful indeed!
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| | #9 | ||
| Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane
Posts: 12,992
| Quote:
The trees are protected. Tree Preservation Order But the arborist report says they should go, and the arborist report says tree bases are unstable, so hazardous, so under common law he must act in the name of negligence. I wouldn't pay a cent, screw him! Now in one council here they have a local law called public safety, it means that if a tree owner has a hazardous tree they are OBLIGATED to remove AT THEIR COST. They get a certain amount of time and if it doesn't happen then the council sub it out and bill it to their rates with interest, find out if you have similar. Failing that you hand him an official letter, advising that the trees have been deemed hazardous, they encroach you land and now obstruct your view and it's his responsibility to cut them down. If still nothing happens, go see a Lawyer, get a letter drafted advising of hazardous trees and negligence etc. The lawyer will know what to do, you really need a copy of that arborist report for both these letters, if you cannot then get one yourself from an arborist or even the same one he used so the report will be a near duplication (fast and cheap). Quote:
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| | #10 |
| Former Member Join Date: Jul 2007 Location: SE USA
Posts: 753
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What is a Golden Cyprus? Ekka you are calling the new owner the bad name when the old owner caused the problem. Does name-calling help or exacerbate the problem? Is this what you want to portray on your forum to newcomers? Are you a professional or a thug? " If still nothing happens, go see a Lawyer" In the US, a lawyer would not be needed. if 30 days went by the citizen could take them to court without one. Hiring a lawyer often leads to a party getting ripped off by someone new. Sean, can citizens represent themselves in Land & E court? |
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| | #11 | ||
| Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane
Posts: 12,992
| Quote:
Quote:
Makes an strong case for an A/Hole neighbour doesn't it? Oh, the A/Hole did offer to plant some $19 trees whilst he expects this guy to cough up $3.5k for removals of his hazardous trees. Sheesh. ![]() I also said get a lawyer to send a letter, it works, and it's fast plus cheap. when people get a lawyers letter they tend to take a lot of notice and know you have sought advice.
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| | #12 | |
| Veteran Heritage Status Join Date: Feb 2007 Location: Townsville Nth Queensland & Gold Coast Sth Queensland
Posts: 1,981
| Quote:
The way the NSW Act operates is amply explained by any of the freely available records. | |
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| | #13 |
| Semi-mature vigorous tree Join Date: Nov 2007 Location: PC
Posts: 176
| Treecrazed are the trees "Swane's Golden" Italian cypress (Cupressus sempervirens? Or perhaps "Donald gold", "Golden cone", "Goldcrest" Monterey cypress (C macrocarpa?
__________________ parkcityarborist |
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| | #14 |
| Sappling Join Date: Nov 2008 Location: Greenwich
Posts: 6
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The trees are Cupressus Macrocarpa "Brunniana" (Brunning's Golden Cypress).
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| | #15 |
| Former Member Join Date: Jul 2007 Location: SE USA
Posts: 753
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"Cupressus macrocarpa (Monterey Cypress) - evergreen Californian conifer to 30m (can be kept clipped to a hedge up to 5m tall); feathery foliage often lemon scented; high oil content so highly inflammable; cannot be cut back to old wood; wind, drought, frost & salt spray tolerant; best in full sun; 'Brunniana Aurea' (Brunning's Golden Cypress) is an excellent cultivar." cannot be cut back to old wood, bummer, sounds like the old owner neglected a fine hedge and turned it into a liability, of which the new owner was unaware. Can't blame em for trying to get cost split; give em time to swallow the expense before making them the devil and cursing them like a middle schooler. ![]() A reminder, that landowners can simply prune overhanging vegetation. If done in a timely fashion, this is often less work than forcing action on the neighbor. Good hedges make good neighbors; planting them is not always "commandeering". Both benefit from the privacy etc.. ![]() "having read through many of the judgements and proceedings of the L & E court in NSW I think it is structured in such a way to enable self representation work more effectively than might be the case in other courts." Thank you Sean. Over here lawyers typically get a 1/3 bite; hard to afford. |
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| | #16 |
| Sappling Join Date: Nov 2008 Location: Greenwich
Posts: 6
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We've been deliberating on this and will take the following course of action: 1. We will write to the new owner and tell him his recommendation is unacceptable. 2. We will offer to contribute 50% of the cost but not at $3,500. We have to live here for years to come. 3. If he agrees we will obtain 3 seperate quotes and choose the cheapest. N.B. We had a quote in February this year to prune and lop two metres of the top at A$1,045. How that now conveniently transcribes into $2,000 has me confused. 4. Failing this aproach working we will immediately go through the Land & Environment Court, where we are confident we will win. Thanks for your help everyone. I will keep you posted on the outcome. |
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| | #17 |
| Veteran Heritage Status Join Date: Feb 2007 Location: Townsville Nth Queensland & Gold Coast Sth Queensland
Posts: 1,981
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That sounds very sensible and fair, remain very calm friendly but firm and confident, many times when managing potential or actual conflict situations how you manage your own emotions can determine how much of your desired outcomes are achieved...IMO anyhow.
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| | #18 | |
| Former Member Join Date: Jul 2007 Location: SE USA
Posts: 753
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You guys are really nice, paying half, too good to refuse imo... Quote:
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| | #19 |
| Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane
Posts: 12,992
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Shame really, I wonder if he'll expect half for his properties other problems, maybe bad plumbing, new roof, guttering etc.
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| | #20 |
| Monument Status Join Date: Dec 2007 Location: Cincinnati, Ohio, USA
Posts: 2,119
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Over here if even the proverbial **** hair of the tree is crossing the property line it is designated a joint ownership tree and a mutual venture is enjoyed. Isn't life fun? I just love standing on the prop. line with the two of them duking it out....(not).
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| | #21 |
| Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane
Posts: 12,992
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So even if the trunk is well into the tree owners yard but the foliage is over the fence-line then it's a co-owned tree? What then if the tree owner cuts it down, does he need the neighbours permission because one branch was over the fence? If so, then your laws are crazy and in need of change.
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| | #22 | |
| Monument Status Join Date: Dec 2007 Location: Cincinnati, Ohio, USA
Posts: 2,119
| Quote:
If either cuts it down yes they are liable and in Ohio it is for treble (3 times) the awarded amount. "What then if the tree owner cuts it down" not an accurate statement as they both own it. This law works just fine and has been substantiated by precedence a million times. | |
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| | #23 |
| Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane
Posts: 12,992
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Even more reason then not to allow trees to tresspass boundaries then. Lose your rights as a tree owner to do what you want with your own tree.
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| | #24 |
| Monument Status Join Date: Dec 2007 Location: Cincinnati, Ohio, USA
Posts: 2,119
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That is an integral part of it. Make the right selection of tree or if you want to go big, discuss it with the nbor like is the right thing to do in the first place. |
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| | #25 |
| Semi-mature vigorous tree Join Date: Nov 2007 Location: PC
Posts: 176
| That's assuming your neighbor doesn't move.
__________________ parkcityarborist |
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| | #26 |
| Monument Status Join Date: Dec 2007 Location: Cincinnati, Ohio, USA
Posts: 2,119
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You're still armed with "doing the right thing" when new occupant arrives. In his case he can choose to not buy in lieu of potential probs. caused by the situation of the joint ownership. Buyer beware.
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| | #27 | |
| Former Member Join Date: Jul 2007 Location: SE USA
Posts: 753
| Quote:
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| | #28 |
| Semi-mature vigorous tree Join Date: Nov 2007 Location: PC
Posts: 176
| Guy, I agree but trees don't vote.
__________________ parkcityarborist |
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| | #29 | |
| Former Member Join Date: Aug 2008 Location: Perth
Posts: 307
| Quote:
Please do not make price the primary consideration in selecting an arborist for this job. I suggest you ask each tree comapny how they plan to do the job and ask for a referral or photogrpahs of similar work. If you are satisfied that the companies are capable and competent then by all means pick the cheapest price. I already keep a "trophy" photo album of some of my best work and would be thrilled if a prospective client got to speak to a previous client. When you do good work you WANT people to talk about you. Best of luck with this touchy issue. I hope all goes well. | |
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| | #30 | |
| Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane
Posts: 12,992
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Here's another typical dispute involving neighbours trees. WiscNews.com : Wisconsin Dells Events Quote:
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