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Neighbours boundary dispute

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Old 30th August 2008, 05:34 PM   #1
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Default Neighbours boundary dispute

Could anyone please help? We are one of two townhousese on a block in NSW - inside our boundary and bordering a long steep driveway, the previous owners planted some large shrubs. These are now approx 14 feet tall. We have hired a landscaper / garden maintenance firm (who also looks after the two adjoining properties) to remodel and trim the shrubs. All the work has been done apart from pruning the height of the shrubs on one side of the driveway. The neighbour on this side is refusing to allow the contractor to trim the shrubs in height or on the side which faces his property as he says it will allow another neighbour (a long way off) to see into his windows. My understanding is that as long as the shrubs in question are on our property -we can maintain them as we see fit. Am I correct? It just looks so ridiculous having one side of the driveway at one height and the other looking very ragged and messy!
Any help would be appreciated.
Thanks
Angela
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Old 30th August 2008, 06:24 PM   #2
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Default Re: Neighbours boundary dispute

Ring your local council and make sure you are clear on the regulations first.

For most parts, neighbours usually have the right to trim back to a fence line what comes over their side, and they do.

I know in this case it's unusual, the neighbour actually wants the shrubs high, and his side of the fence hasn't been trimmed down yet ... am I correct?

I think the problem is that you physically cannot trim them without being on his property, or bits dropping on his property, but they're not his, they're yours. And I assume he wont allow access.

From my experience I encourage all tree owners to maintain their trees within their own property boundaries, I'll add this to the list of reasons why.

Can you prune it back to the fenceline so none is his side without going on his land? That would be my goal, then you can do what you like and not have to run anything past him again.

I refer to the neighbour as a guy (his) purely as conversational convenience, could be a her or them and equally suffice too.
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Old 31st August 2008, 07:52 PM   #3
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Default Re: Neighbours boundary dispute

Ekka and all,

I once came across a homeowner who amazingly had the foresight to do this right at the time of planting.

They had a row of James Stirling Pittosporums along the back fence they wanted trimmed.

When i went right up to them i realised they were planted about 6 foot away from the fence.

This made it easy to go behind them to trim all sides and the height, and they are never going over the fenceline.

Great idea, but just uses a little more of your yard space.
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Old 31st August 2008, 09:21 PM   #4
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Default Re: Neighbours boundary dispute

Angela, what part of NSW are you in? What suberb as council regulations do differ.

As far as you or your contractor being able to trim your trees, he has no say in that - they are yours to trim however you please (only person you may have to answer to, is the council). He does how ever have the right to deny you access to his land.

Basically you have to weigh it up for yourself, trim the trees and have a shitty annoying neighbour for as long as you both live there or leave them high and keep all at peace. A compromise that you may consider (so you can trim the tree and keep your neighbour happy) is once you trim the trees, install some lattus with shade cloth across it up high so he can keep his privacy - but again think it all out well with what you are ultimately happy with.

Put some photos up, they're always nice to look at.
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