I need some help with this please.
Next door have a huge gum tree on the fence line. If it tumbles over then it is likely it will fall right across my house.
1. Can I cut down the branches that hang over the fence line into my property without telling my neighbour first?
2. If the tree falls on my house, and injures anyone inside the house, what sort of insurance should I have to cover this type of situation?
3. If my neighbour cuts the tree down and injures himself in the process, could I be liable for this if I approach him about cutting the tree down in the first place. I have heard that I should not ask him to cut the tree down because I would be liable if he was injured in doing so, because he would be acting on my direction so to speak?
If you can help me with these legal issues I would be very grateful, as I don’t want to have to sell the house because I am afraid that someone could be hurt in the case where the old gum might fall on the house.
JulesDerekMember@derekJoin Date: 2004Post Count: 3,544
Big tree = professional tree loppers with their own insurance policy in place.
Too many things can go wrong with large jobs like this.
Some local councils have a tree register and there may be problems simply cutting down a tree. Give them a ring.Cabo WaboParticipant@cabo-waboJoin Date: 2005Post Count: 117
I heard that if a neighbours tree is hanging over ur fence u are in ur rights to have the neighbour cut it back & that the council can/will enforce it if he says bugger off.
If that doesn’t work, hire a hit man to deal with the neighbour, and have the tree lopper guys take the bill out of his desceased estate…. too easy…
Cabo WaboMatt RMember@matt-rJoin Date: 2005Post Count: 38
Best bet is to cut the overhanging branches for now back to the line of the property. Simply place the brances over the fence on to the land of the neighbour as they do not belong to you. Then come to an agreement with your neighbour to get a professional to cut down the tree. Hope that helps.
PS, just a law student, but IMO that is the way to handle it.
Matt R (Gold Coast)GelFMember@gelfJoin Date: 2005Post Count: 17
Neighbours Tree == Neihbours Responsibility.
Ask them to have an arbourist remove any dangerous overhangs.
Don’t touch it yourself, it could become YOUR problem.
It’s amazing what a knock on the door and the offer of a drink can do.js2Member@js2Join Date: 2003Post Count: 758
Blue Gum trees are a stronger structured branch and known to be less likely to drop a limb. Compared to Red Gum, if that’s any peace of mind.
But make sure you look at how much tree weight on one side of the tree you lop off, it may well help the tree topple over to your neighbourâ€™s way.
I had a concern once if a tree was going to fall on where I was living, so I rang up and had a Fell come out. He used a cheery picker and tied a chain around the upper area of the tree. And at roughly 70 metres away with the chain connected to the truck and putting pressure to pull the tree his way, another guy felled the tree. This made sure the tree fell away from the house. Timberrrrrrrâ€¦..there was plenty of paddock for the tree to fall in, in this instance. All for $150.
It was then that I asked the Fella about the tree and he said it was rare for a Red Gum to drop a limb like the Blue Gum’s do anyway.
I maybe might not have done that if I new from the start.
Interested in Joint Venture Reno ProjectsbenderfileParticipant@benderfileJoin Date: 2005Post Count: 42
You can cut the overhanging branches but only to the fenceline, if you go past it can be trespass
If their tree falls on your house your house insurance covers it (ring your insurer)
My NRMA insurance covered it and I replaced the gutters, fascia and eaves as well on that side of the house (thankyou neighbours tree) when a large branch fell.
If your neighbour injured himself cutting a tree his own insurance covers this. Your ‘direction’ is not a command and he can excersise his own free will so you would not be held liable unless you had a gun at his head!