Hi there,
Recently one of my neighbour came to me demanding to get rid of a tree in my back yard. He claimed that the tree is chasing the water and its root has craking up the concrete of his garage which was built quite close to the tree many years ago ( don’t know why the garage site was choosen given that the tree was there well before its construction ).
Since the tree from time to time attracts some beautiful native birds and that I has been advised by one of the tree removalists that the crack on my neighbour’s concrete might be casued by the dryness of the soil, I then requested him to get a professional assessment to see if it’s the tree that cause the problem.
I didn’t mean to upset him but just want to make sure what’s the problem is before taking action. So far I haven’t got any feedback from him and to him it seems that I’m a difficult person who doesn’t want to co-operate with him. I was wondering if anybody has the same experience and could shed some lights on how to handle this sort of situation, say can I stand firm not to chop my tree regardless what reason he has had.
All input is welcome.
Cheers
nuby
[hmm]
Hi Nuby
I don’t know where you live but with us our council will not just let you chop down a tree unless it is causing danger to property. We have to get a specialist to prove this & then go back to the council. So my suggestion is check with the council before you even consider touching your tree. It won’t be the neighbour with the “fine” it will be you.
I would find this out before talking to your neighbour as you don’t want to cause too much tension if it isn’t necessary. Hope this helps.
Juls
I’d try to get the opinion about the soil being the reason for his garage cracking in writing. Maybe the tree removalist who said it will be prepared to put in on paper for you. There have been so many reports about the drought causing cracking and problems with buildings and slabs, that it probably is not your tree.
I’d agree also that you need to talk to the council about whether you are allowed to cut it down, but don’t be bullied by your neighbour, especially if you can get an arborist to give your tree the thumbs up and say it is not causing your neighbour’s problems.
I have had bullies for neighbours, and it is not a good situation, so tread carefully, but don’t be bullied.
Try to keep things calm, although your neighbour sounds like he might have issues already and possibly will be difficult to deal with.
Wylie
you don’t have to cut the tree down, even if your neighbour comes up with some professional opinion that it is your tree causing his problems.
you can easily get a different professional opinion that your tree is not causing a problem.
tell him to get stuffed.
if your neighbour wants, they can put a wall in the ground to stop roots coming through their side.
You have a right to have a tree in your own background.
My dad had the same argument with a neighbour for years.
The real problem was not the tree, it was the fact that whoever put in the neighbours concrete slab had cut costs when building by using inferior foundations.
Don’t take on other peoples problems please!! Be StrongTree was there first. Don’t kill it just because your neighbour is a cheapscate and a bully.[biggrin]
Live, Learn and GrowLifexperience
Thank you very much for all your inputs.
As suggested, would check with the council first before doing anything.
Thanks again guys.
Cheers
[exhappy]
I had a neighbour demanding the same action with a dead tree (which I suspect they had poisoned prior to my purchase) at a rental property of mine – they even formalised their demand for the removal. I formalised the reply and suggested I would allow the tree to be removed but at the expense of the neighbour. I haven’t heard from them since – two years ago.
The other side of the coin is a tree on the verge at another property of mine. The driveway was lifted by 100mm at a join and was only getting worse. I spoke to the council and they are going to dig up the driveway, cut out the root and re-concrete the driveway. Trees will not be removed in just about any circumstances.Stay calm and try and discuss the issue with him. HOWEVER, if (IF) it can be established that the roots from your tree has ‘escaped’ from your property, then you WILL be held liable for any and all damaged caused.
Here in NSW, any tree over 30 feet can only be cut down with council approval; large fines will be incurred by you if you cut it down without their written approval.3degrees,
I heard similar story as yours that one of the councils in Victoria cut out the tree roots and reconcreted the pedestrian footpath. But I don’t think they would do the same thing if it happens in private property.
Colinnewland,
That’s why I requested him to seek specialist’s help to ascertain whether it’s the tree that causes the problem. In response he said this might be good for him to get a report from an expert if the matter cannot be resolved peacefully and ending up in court room.
Most property line disputes (fence,trees etc) council will shy away from, as they are more a civil law dispute ,whether it still applies an old law concerning overhanging branches they could be cut of and returned to the property of the tree also roots could be cut and a suitable barrier put in place at the fence line,if it was a fruit tree, the over hanging fruit belonged to the owner of the tree and any fallen fruit was to be put back over the fence , depending on the friendship of the neighbours some fruit or branches could end up in the pool or roof LOL
You could always tell your neighbour he’s welcome to dig out the roots that are on his side of the fence.
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