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Old 13th April 2009, 11:58 PM   #1
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Question Tree & Root Damage

My neighbour is concerned about my tree's roots damaging her driveway. Can anyone tell me what type of tree it is, how much bigger it might get and whether I (or my neighbour) do have a potential problem? Tree / property is in Brisbane QLD. regards

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Old 14th April 2009, 06:17 AM   #2
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Default Re: Tree & Root Damage


it looks like a melaluca nervosa (paper bark) to me, i dont see the roots being a problem to the driveway because by the time the tree gets big enough to have roots that big it will be lying on the floor anyway due to the excessive lean, was the tree damaged as a sapling?
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Old 14th April 2009, 07:42 AM   #3
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Default Re: Tree & Root Damage

Good Call Gallbee
It looks like the tree is seriously leaning and it will end up on top of the carport prior to causing any mayor damage to the neighbors driveway. Sorry to see another tree having to be removed but sooner than later it will have to be done. Some of the local Arboricultural Experts will probably recommend a good replacement tree for that spot.

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Old 14th April 2009, 09:26 AM   #4
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Default Re: Tree & Root Damage

Also you should read this thread.

Queensland Australia Fence Line Law
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Old 14th April 2009, 10:43 AM   #5
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Default Re: Tree & Root Damage

We have a few of that species here in Florida however they never grow to any real size due to the fact that they are not native. However tree roots will grow to adjust for lean. They can travel over 2 and 1/2 time the distance of the canapy. Our live oaks grow sideways some times it is no indication of a tree being considered dangerous even though the lean is over a building. Since they (live oaks) are considered heritage trees we have to show something such as tip die back, disease, or fungus problems to get them removed. As I said, I am not familiar with this species. Often times in urban settings, (lack or organic matter on top of soil) the soil has become compacted and the roots run shallower. The lateral roots usually are within the top 10 in of soil and send down anchoring roots every four feet or so. If I wanted to be sure of driveway protection there are several methods. The easiest is probably the root barrier products. Again maybe the comments about the lean of this tree has to do with the species has a naturally unstable root system. I would be suprised if this is the case.
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Old 14th April 2009, 11:22 AM   #6
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Default Re: Tree & Root Damage

Melaleuca sp are incredibly resiliant and tough, doubt the tree is likely to fall over under normal weather conditions, checking the tension side of the root plate might be a good idea.

Eric is right dividng fences act makes the likely outcome less than desirable!

In terms of the roots and the driveway, well chances are over time roots could grow between the concrete and the compacted subbase...root barrier properly installed would provide protection of the thin concrete slab for a while.

A small point to remeber when providing advice about tree root growth, roots grow along moisture gradients and preferrentially in portions of the soil profile with least resistance (relative to the surrounding profile). They don't seek out water pipes, or grow in a direction due to 'intention'. enormous volumes of root mass are almost invisible to the naked eye they are so fine and become larger when the environmental conditions in which they are growing are conducive to further growth.
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Old 15th April 2009, 07:03 AM   #7
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Default Re: Tree & Root Damage

i think if your water or sewage pipes are leaking at all the tree will build larger roots in that area due to the fact that there is more moisure in that area but without the extra moisture the roots would remain small, so unless they have a water scource under the driveway or on the other side of it i would say dont worry. but like Eric pointed out its the top you have an issue with.
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Old 15th April 2009, 07:48 PM   #8
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Default Re: Tree & Root Damage

crikey!

it makes me wonder how many of us are telling clents that they need to cut a tree down because it is growing on a lean.
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Old 15th April 2009, 08:30 PM   #9
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Default Re: Tree & Root Damage

Quote:
Originally Posted by treestyle View Post
crikey!

it makes me wonder how many of us are telling clents that they need to cut a tree down because it is growing on a lean.
If I were the neighbour I'd be requesting a fence line trim, anything above or below the ground coming beyond that fence line is considered "trespassing tree parts", regardless of the trees lean. In NSW they have laws for this, in Queensland maybe in 20 years time they'll realise they're behind and do something about it.
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Old 16th April 2009, 01:52 PM   #10
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Red face Re: Tree & Root Damage

Thanks all for input. Not sure that there is a definitive answer coming out, however, as a minimum I think I'll offer to trim the branches back to minimise likelihood of falling. If the tree isn't going to get much bigger then perhaps the root issue can continue to be monitored as I'm not keen to have the tree removed.

FYI, I now live in Melbourne (still have the QLD place) and had to take my neighbour to Appeals Tribunal recently to ensure he didn't put a lap pool along our back fence since this would have cut the roots of a 60 year old peppercorn tree that is only 1 metre from the fence. I was successful in this, but he still cut all the branches off at the fence line as he is entitled to do. Always a difficult issue trees on fencelines.
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Old 19th April 2009, 12:38 AM   #11
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Quote:
Originally Posted by eartheon View Post
FYI, I now live in Melbourne (still have the QLD place) and had to take my neighbour to Appeals Tribunal recently to ensure he didn't put a lap pool along our back fence since this would have cut the roots of a 60 year old peppercorn tree that is only 1 metre from the fence. I was successful in this, but he still cut all the branches off at the fence line as he is entitled to do. Always a difficult issue trees on fencelines.
I refer to this as "commandeering the use of your neighbours land" and will argue till the cows come home about it.

Better regulations are required to prevent the abuse of eco-powers telling people what they can do on their own land. I doubt a peppercorn tree was remnant but deliberately planted, and in such a strategic way that it trespassed the boundary and prevented a lawful property owner from doing as they chose ... a rather selfish act frankly.

If tree plantings were to undergo the same scrutiny as that for buildings a lot of this wouldn't happen. Why plant a tree 1m away from a fence knowing it will grow (both roots and canopy) beyond that boundary line? Also the average tenure of home-owners is 7 years, when the lifespan of the tree is divided out by the number of custodians then it makes it reasonably fair to say during the trees lifespan alternate opinions and uses will likely arise about that tree, as it has done in this case.

If left unchanged that means currently I could plant out my fence-line with monster trees and command what my neighbours do ... well, that's as long as we have such greenies hugging trees making rules not logic right. If that land were now to be allocated as tree protection area then you should pay for it, lets face it, he cant control what can be done on it so you might as well own it.... effectively with that tree you have taken control of that man's land.
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Old 19th April 2009, 01:16 AM   #12
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Default Re: Tree & Root Damage

Some small points of I hope clarity on a subject that I have some little experience being envolved with.

In Queensland tree root growth across a property boundary is not considered to be a matter of trespass but may fall under the definition of nuisance if a dispute were to go to court.

The definition of remnant vegetation in Queensland does not exclude trees that were 'deliberately' planted.

My experience of attempting to assist in resolving property boundary disputes relating to trees has lead me to the conclusion that taking extreme positions and making exagerated claims is not at all helpful, and will almost always result in negative outcomes for all concerned.

eartheon....I hope you reach some workable resolution with your neighbour, as I said in an earlier post paperbarks are tremendously resiliant, and when healthy very reliable stable trees.
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Old 19th April 2009, 11:15 AM   #13
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Default Re: Tree & Root Damage

Quote:
Originally Posted by Sean Freeman View Post
Some small points of I hope clarity on a subject that I have some little experience being envolved with.

In Queensland tree root growth across a property boundary is not considered to be a matter of trespass but may fall under the definition of nuisance if a dispute were to go to court.

The definition of remnant vegetation in Queensland does not exclude trees that were 'deliberately' planted.

My experience of attempting to assist in resolving property boundary disputes relating to trees has lead me to the conclusion that taking extreme positions and making exagerated claims is not at all helpful, and will almost always result in negative outcomes for all concerned.

eartheon....I hope you reach some workable resolution with your neighbour, as I said in an earlier post paperbarks are tremendously resiliant, and when healthy very reliable stable trees.
Sean, the pepper tree case was in Melbourne, the paperbark case is in Brisbane. This home-owner has already once commandeered the use of a neighbours land .... and this is the next case here in Brisbane.

Quote:
Originally Posted by eartheon View Post
FYI, I now live in Melbourne (still have the QLD place) and had to take my neighbour to Appeals Tribunal recently to ensure he didn't put a lap pool along our back fence since this would have cut the roots of a 60 year old peppercorn tree that is only 1 metre from the fence. I was successful in this, but he still cut all the branches off at the fence line as he is entitled to do. Always a difficult issue trees on fencelines.
Eartheon, you write "Always a difficult issue trees on fencelines" yet you're the instigator of it.

Regarding the potential problem, it could lift the driveway. Driveways are built properly when they're 4" thick. Sometimes between the concrete and soil a gap can be exploited by tree roots and then lifting the driveway up looks like the pic below. To prevent this root barrier inserted along the fenceline would be the go, and checked every few years. Sometimes people even put down a concrete subterranean retaining wall as a barrier to make sure the roots dont do damage. Seems like no big deal just a lifted slab ... that slab would have to be broken up and taken away, the root cut off but if the tree's too big then what? Then a new slab laid.

From this post.


Regarding the terminology of trees and trespass

Gold Coast City Council - Civil Disputes involving vegetation and trees

Quote:
Trespassing vegetation/vegetation parts

Where the branches or roots of vegetation come into a neighbours land, the neighbour can remove the trespassing parts at their own cost, but cannot go onto the vegetation owners land or remove vegetation parts from the owner's property without the owner's permission. For any significant pruning or root removal, a professional tree surgeon or arborist should be consulted. Removed vegetation parts belong to the tree owner. So the neighbour should return them undamaged, but only if the owner is asked and wants them (Dividing Fences Act 1953).

Please note that vegetation owners are not responsible for leaves and other debris falling onto a neighbour's land unless they cause damage or injury.
Nuisance vegetation

Where vegetation or parts of vegetation cause an ongoing and unreasonable (and valid) interference with a neighbours enjoyment of their property, then that neighbour can remove any trespassing parts and apply for a Court Order to remove any proven nuisance parts or the whole plant/tree.

If intruding plants have caused damage, the neighbour can ask the tree owner to pay for repairs or compensation. The neighbour cannot claim the cost of removing the vegetation parts unless the owner has agreed beforehand or the neighbour has a Court Order.
Negligence

To prove the owner of offending vegetation was negligent (careless), the neighbour must show that damage by the vegetation has happened, a reasonable person could tell that it was going to happen, and reasonable care was not taken to avoid such damage. A neighbour would probably need to show that the vegetation owner had been made aware of the danger/damage (possibly supported by an experts opinion) and the owner had done nothing about it.
Another
http://www.envlaw.com.au/sqels4.pdf

Quote:
• Trespass (a direct interference or invasion
of private land, including by pollution).
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Old 19th April 2009, 05:11 PM   #14
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Default Re: Tree & Root Damage

Ah, I see not just an "difficult issue trees on fencelines" as per my last post but also emotive! Not that I imagine this was intented, but please don't make me out as a bad guy - I may own the properties in which the trees are, but I bought both properties with the trees in situ and have subsequently sought to get balanced resolutions to issues after the fact.

More for interest than anything else here are a couple of other points to show the complexity:
(1) Whilst with the peppercorn tree I did want to keep the tree from a shade, look, etc perspective, I was equally concerned that if all the 'tension side' roots where cut then the tree may fall onto my house - not being a lawyer I'm not sure what the legal position would be if the neighbour cut the roots (which he has largely done now anyway even though he doesn't have a lap pool) knowing this was a possibility
(2) With the neighbour cutting off branches on his side and many of the roots as well, I was forced to heavily trim my side to ensure it didn't fall and to stop it looking so wierd
(3) The peppercorn tree started dying all of a sudden and I had an arbourist come visit, & the council another one since it was under a planning permit, & they confirmed that it was probably poisoned. A neighbour on another boundary of the same property had a similar issue and was also told his tree had been poisoned. Innocent till proven guilty but in a civil court proceeding I could guess what the judgement would be. The tree has now come back to life after I plumbed a grey water system to water it and use some fertilisers etc, but needless to say not a great deal of love happening across the old fenceline now (which now has a 3 metres high fence care of my neighbour).
(4) On another of my fencelines, I chose to put in my own root barriers down prevent roots getting under my foundations since I was trying to strike a balance between protecting my property and taking away some of the amenity that my neighbours had enjoyed from trees & bamboo along their side of the fence.

Not sure what all this demonstrates other than it is complex, emotive and lot of work and probably never cut & dried.

Anyway, enough from me, regards
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Old 20th April 2009, 11:37 PM   #15
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Default Re: Tree & Root Damage

Quote:
Originally Posted by Galbee View Post
it looks like a melaluca nervosa (paper bark) to me, i dont see the roots being a problem to the driveway because by the time the tree gets big enough to have roots that big it will be lying on the floor anyway due to the excessive lean, was the tree damaged as a sapling?
Galbee,

How could you tell it was a Melaleuca nervosa from the photo?

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Old 21st April 2009, 07:58 AM   #16
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Default Re: Tree & Root Damage

Yes i blew it up a bit and embedded it as you see in my first post. ive tidied, felled and thinned alot of these over the last few months, you cant beat hands on to remember a tree.
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Old 21st April 2009, 11:45 PM   #17
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Galbee,

So where have you been working?

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Old 22nd April 2009, 07:51 AM   #18
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Default Re: Tree & Root Damage

Northern subs of brisbane, milaney, up into the sunshine coast why do you ask?
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Old 22nd April 2009, 05:46 PM   #19
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Galbee,

I could be wrong but I just don't see alot of Melaleuca nervosa in the northern suburbs of Brisbane. I do see alot of Melaleuca quinquenervia, Melaleuca linariifolia, Melaleuca bracteata, Melaleuca leucadendra, Melaleuca argentea, Melaleuca viridiflora and to a lesser extent Melaleuca styphelioides.

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Old 22nd April 2009, 07:09 PM   #20
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true it was just the tight canopy and smoother bark type that made me consider it.
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Old 22nd April 2009, 07:14 PM   #21
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Default Re: Tree & Root Damage

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Originally Posted by Bernard Keays View Post
Galbee,

I could be wrong but I just don't see alot of Melaleuca nervosa in the northern suburbs of Brisbane. I do see alot of Melaleuca quinquenervia, Melaleuca linariifolia, Melaleuca bracteata, Melaleuca leucadendra, Melaleuca argentea, Melaleuca viridiflora and to a lesser extent Melaleuca styphelioides.

Bernard, bit of an ask and a task but is it possible for you to get pics and write up a thread about these, a thread about paperbark ID because there is a few and at times (like when not in flower) it can be tough picking the differences.

If you need a hand just PM me or ask, which one is it that is really prickly?
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Old 22nd April 2009, 07:23 PM   #22
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Default Re: Tree & Root Damage

Eric do you mean the melaleuca styphelioides prickly leaved paperbark thats a spikey one.
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Old 22nd April 2009, 08:56 PM   #23
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Ekka,

Happy to. The prickly one is Melaleuca styphelioides.

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Old 23rd April 2009, 01:26 AM   #24
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Default Re: Tree & Root Damage

Quote:
Originally Posted by eartheon View Post
My neighbour is concerned about my tree's roots damaging her driveway. Can anyone tell me what type of tree it is, how much bigger it might get and whether I (or my neighbour) do have a potential problem? Tree / property is in Brisbane QLD. regards

I'd be thinking more on the lines, how much damage did the driveway installers do to you tree, there is no way , they could have installed a drive without damaging your trees roots..
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Old 23rd April 2009, 12:42 PM   #25
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Default Re: Tree & Root Damage

Must be very shallow roots then!
A properly installed driveway could be done, using steel reinforcement, on good solid dry ground, as shallow as 125mm.
I would go to 225mm to be sure and give a guarantee though!
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Old 23rd April 2009, 10:51 PM   #26
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Most driveways here are boxed up straight ontop of existing soil and 100mm thick, that's it.
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Old 24th April 2009, 12:22 AM   #27
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Default Re: Tree & Root Damage

With the roots lifting driveways what has been amazing to me is how small the roots are to the amount of damage it does.
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