Why??? Ficus Benjamina vandalised

TimiBoy

I planted one 8 years ago, and it has blossomed. It is near 15 metres tall, at the back of my 1200 metre square block, backing onto National Park. Intended to be a landmark tree, my architect and I were careful with the placement, cognisant of the fact that my neighbour's pool was on the other side of his block, there is no potential for structural damage, at least in our lifetimes, and probably those of our children...

My neighbour has, with no consultation, today had every skerrick of the tree on his side of the fence removed. I am now concerned that the tree's health and stability will be compromised. I wonder is it possible to apply to Redland City to have the tree protected so that it might be able to recover?

My neighbour has been so small minded in this, I just don't understand people.

I intend having an officer from the Council come and inspect the tree, but I just thought someone on here may have some good advice.

Cheers and thanks in advance,

Tim

Garry Brockley

Tim could you post some pictures please of the tree from both sides, the biggest problem is that you dont really have any say as to what your neighbour does to his side of the tree, if it goes over his fence its tresspassing on his land, it is like building a house over the fence line and expecting the neighbours to say or do nothing, its the law that they can cut back to thier fence line and put the cutting back over to your side of the fence.
we see this on a daily basis accross the world it causes so many fence line disputes, the best i can say is that they are legally allowed to do it, but people never talk before making these decisions some common sense always helps in these situations.

__________________

Eric Frei

Pictures would be good.

RCC do have tree protection at certain distances from structures etc. Figs are hardy and I doubt it will die, biggest problem would be regrowth.

You wrote:-

Be aware, Queensland Australia Fence Line Law , people are entitled in many cases to prune back to the fence line.

I am not an advocate of planted trees that trespass boundaries, I see it as an uninvited intrusion, and as you said the tree will be there for many generations so was the planting that strategic that it considered the generations of neighbours that could object to arbitrary intrusion?

__________________

Sean Freeman

Hi Tim,

Sorry to hear about your problems with your neighbour and the young tree.

As others have said it is unlikely that the tree will suffer that much from the actions you describe, Ficus are one of those unusual genus that are quite capable of reproducing the original canopy form again and again in circumstances that would quickly kill other trees.

I have come to believe it is largely due to their strange evolutionary path and their recent links to epiphitic establishment, they really do grow more like a vine than a tree in a great many ways.

All that having been said fence line disputes can be unpleasant, frustrating and costly in many ways.

It is perfectly true that currently under Queensland Law application of the Dividing Fences Act ammended many, many times since 1953 (never intended to address vegetation issues) enables property owners to cut branches from their neighbours land that cross the property boundary at that boundary, if they wish.

It seems a great many people act out their general irritation with life through some invented issue with vegetation, if the tree were not there it would probably be something else that got them fired up.

I am not all that familiar with the protection rules of Redland City Council, but would be amazed if they were all that different to any of the other LGA's in the SE corner...and in that respect I doubt you will be able to gain formal protection for a recently planted ornamental fig tree....but it is certainly worth a try.

I'm sorry to say that the best protection for your tree can really only come from reaching agreement with your neighbour, perhaps a bit late in that regard.

TimiBoy

I'll try to post some pictures. I agree that it was in my mind that one day it might become an issue with a neighbour, but after looking at the position and considering carefully (including mentioning to them that a large tree would be going there!!) I thought we were OK. I actually asked them over here years ago and showed them the plans, I was excited about what we were trying to achieve.

I guess I'm lucky they didn't just chuck the boughs back over the fence, but if they intend continuing to just cut it back then it will be a constant issue. Still, the bridge my wife and I had been trying to build with these people (they have always been, well, difficult) by giving them fresh fish, and chatting every chance we had seems burnt. At least now we KNOW they hold us in no regard, we can stop trying to be nice to them...

Thankyou for your responses, it seems there's a forum out there for everything!

Cheers,

Tim

Eric Frei

Lol, that's about as unbiased a thought as this one .....

It seems a great many people act out their general guilt with life through some preservation issue with vegetation, if the tree were not there they would plant one to annoy others then complain about the others for not seeing life as they do.

__________________

Eric Frei

You are because legally they were entitled to.

How long do you think a tree like that lives? 150 years + is the answer

Average residency period one address for here is 7 years.

It is reasonable to assume then that the tree would see many many neighbours, not of all which would either like you or the tree.

__________________

Sean Freeman

I really don't understand what on earth you are getting at Eric????

I quess I assume (wrongly) that people who read my post understand I am writing from my perspective and my experience...perhaps I should always include the IMO short hand....but then again perhaps I expect too much.

In all the property boundary conflicts I have dealt with only five actually related to anything greater than an irritation with leaf/blossom/fruit drop, all of those were to do with roots - a matter of trespass, nothing to do with Divided Fences Act....All of them could have been better managed with qualified advice being sought at an early stage off the growing conflict, however it has been my sad experience that a combination of ignorance and denial leads to the loss of valuable living assets in urban areas every time.

I hope you find a way forward with your neighbour Tim

Eric Frei

In England it got so bad they actually brought out the Anti Social Behaviour Act Trees.

Some people would plant out their fencelines with trees forming high screens, people have a right to light and need not feel claustrophobic.

50% of marriages end in divorce, what was is not necessarily what will be or is. Whilst this poster says his neighbours agreed to means little when things change, we are only hearing one side of the story.

My story is simple, keep your stuff on your side of the fence, that way there's little room for irritation or aggravation.

Don't assume that the future will be the way you see it, people change, residents change.

Next to noise trees are the most common area of dispute with neighbours, I am continually consulting in this area with regard to roots and canopy. Solution is simple, dont grow beyond the fence line, that's for both canopy and roots.

If Tim wants to retain the tree then install root barrier at the fence line and keep the canopy pruned back... at his cost.

__________________

Drouin Tree Service

Better than the tree getting "bosch disease" Tim

__________________

Drouin Tree Services | Excavator Hire - Drouin and SE Gippsland | Landclearing Melbourne

TimiBoy

Having slept on it, I think I will probably have the tree removed. A great pity, but I don't want further issues. Despite the fact that the whole issue represents small mindedness of the hugest sort (we live on 1,200+ m2 blocks and back onto National Park), it's not up to me to tell my neighbours what they should and shouldn't like, so we'll leave it at that.

I will, however, never give them fresh fish again (I deep sea fish a lot), and the next time she comes squealing out of the house and asks me to get rid of the snake in her lounge room because hubby is overseas, I'll tell her I hope it bites her.

Tim

Drouin Tree Service

They lose by the sounds of that!!

__________________

Drouin Tree Services | Excavator Hire - Drouin and SE Gippsland | Landclearing Melbourne

Eric Frei

That's the way life goes sometimes, dont let it get you down.

__________________

TimiBoy

I'm awaiting Council confirmation that our area is zoned "mini acreage", which then makes it illegal to trim ANY tree that is more than 10 m away from a structure not including a fence. That will put them in the poo.

As far as it ruining my day? Nope, not going to happen. For the past few years I have buttered these twits, trying to build a good, neighbourly relationship, but constantly reminded of their "strangeness". They have now made it clear there is no longer any value in that, so I no longer live with uncertainty. They will receive that from me which they deserve. Ignorance! And some encouragement to sell up and move on...

The Council is also sending someone out to examine the tree to make sure it's health and stability have not been affected. If they have, my lovely neighbour has breached Common Law!

Cheers,

Tim