Lopping Overhanging Tree - Who Should Have to Pay for It?

Empharand on 05/02/2019 - 14:37

Hi all,

Long story short, my next door neighbour has a fairly large tree (would be at least 8m tall). 3 large branches are overhanging over my side of the fence, one is pretty much resting on my roof, another one is hanging above our power line (we have above ground power lines) and the other one is probably as high as the tree itself but it also hangs over my end which poses a danger to my overhead powerline and house in the unlikely event that it breaks off.

I got a quote from a tree lopper this morning, who quoted $990 Inc GST to remove the offending branches or $2200 Inc GST to remove the whole tree and leave a stump. I do have someone else coming out on Friday to provide a comparison quote to make sure I'm not being ripped off.

In regards to the prices, is it logical and fair to say that if they want the tree removed then we go halves ($1100 each) or do I only pay the total amount of getting the offending branches lopped and they pay the rest if they want the tree removed, if they decline then I just fall back on the branch lopping quote and I pay that. I'm unsure if I should be so charitable but at the same time I'm not sure if I shouldn't.

This neigbhour is renting, so I will likely need to speak to them and get the owners number (who lives in Queensland, I live in Victoria) and get her permission as it's technically her tree. I have never met the owner I'm only going by what my other neighbour (other side) said.

I have asked my friends for their opinions but I have received different responses so I'm not sure what to believe.

Your input would be highly appreciated and would put my brain to rest.

Thank you guys in advance

Home & Garden

Comments

  • Nugs on 05/02/2019 - 14:39
    -6

    what did the council say?
    .

    • Empharand on 05/02/2019 - 14:41

      Council said I can do whatever without a permit, and that I have the option to leave the cut branches on their site (although I'd prefer not to do that). The tree lopper said the same thing.

      • Nugs on 05/02/2019 - 14:47

        I meant re the title question (Who Should Have to Pay for It?)
        .

        • Empharand on 05/02/2019 - 14:48

          Oh… the person I spoke to just said I need to discuss it with the neighbour

  • GG57 on 05/02/2019 - 14:40

    Have a read: https://www.victorialawfoundation.org.au/tree-laws
    And then talk to your local council.

  • nocure on 05/02/2019 - 14:42
    +3

    You can only remove the branches at the fence line.

  • spackbace on 05/02/2019 - 14:50
    +5

    Doubt they'll want the tree removed if it's a nice mature tree.

    Just get the branches cut back

  • JimmyF on 05/02/2019 - 15:07

    Who Should Have to Pay for It?

    All branches over the fence line you pay for, you can 'pass' them back over the fence, but its pretty low thing to do.

    remove the whole tree and leave a stump

    Not your call to make, its not your tree.

    • [Deactivated] on 06/02/2019 - 17:26

      Wrong. lol. You aren't actually allowed to keep the branches or dispose of them yourself.

      It's especially worse if it is a fruit tree. You must return all fruit from the tree.

      I just cut my neighbour's tree a few days ago, don't bother keeping the branches; you'll just fall afoul of other issues including theft. The neighbour should have a green bin ready to take the branches anyway. If the neighbour doesn't want to remove the branches, well… That's just a bad neighbour because they should be maintaining the tree growing on their property.

      Why grow a tree if you aren't going to bin the branches or maintain it? That's why the common sense approach is always to throw the branches back.

      • JimmyF on 06/02/2019 - 18:35

        You aren't actually allowed to keep the branches or dispose of them yourself.

        hahaha yeah nah.

  • HighAndDry on 05/02/2019 - 15:15

    I mean, the same reason you can lop those branches at all (that they're on your side of the fence) is the exact same reason you would have to pay for lopping them.

    In regards to the prices, is it logical and fair to say that if they want the tree removed then we go halves ($1100 each) or do I only pay the total amount of getting the offending branches lopped and they pay the rest if they want the tree removed, if they decline then I just fall back on the branch lopping quote and I pay that. I'm unsure if I should be so charitable but at the same time I'm not sure if I shouldn't.

    "They" being the owners - the renters/tenants have no authority to agree or disagree to have the tree cut down. And getting a large mature tree cut down usually requires council sign off. But otherwise, yeah your suggestion seems okay - whole tree: you go halves, just the branches: you pay.

  • Randxyz123 on 05/02/2019 - 16:15
    +1

    Personally I’d just get the branches cut down unless the tree is completely in the way or likely to fall, why would you want the entire thing gone?

    It’s probably providing some privacy over your fence right ?

  • Seedy seed on 05/02/2019 - 16:22
    +4

    Ring your local state energy company (its ergon in qld) and report that the branch is above the powerline and they should cut it.

    • JimmyF on 05/02/2019 - 16:57

      In VIC they only look after the 'street' power lines, any incoming line on your property, is the owners issue to deal with.

  • swapsey on 05/02/2019 - 16:44
    +1

    If it was me I would just get the branches done myself. I doubt very much the neighbour will want to organise an 8m high tree to be removed (besides the environmental hoops).

    Have you thought of posting the job on AirTasker and seeing what quotes you get back? If you do, share some pics of the branches so the quotes are as accurate as possible. Online quoting is the way to go I reckon. Someone retired who has done it countless times would love the task and it helps their retirement costs (or a young person who is looking for extra income).

    • altomic on 05/02/2019 - 18:35
      +2

      or post job on local community facebook page (got my tiler this way - awesome job at an awesome price)

    • Quantumcat on 05/02/2019 - 20:56
      +2

      I wouldn't do that, what if they do something wrong and the branch falls on the power line or through his roof? Better to get a professional.

      • swapsey on 06/02/2019 - 00:07

        Yes you are onto something Mr cat. I did some research and Tree Lopping is not covered by the insurance that AT offers their contractors. Good pickup!

  • SnoozeAndLose on 05/02/2019 - 21:11

    For my council and i know few other council have the same rule, when a tree is going over the fence line the owner of that property can trim the tree without premission of the owner(your neightbour) and it will be your responsibility if you want to cut it.

    If you neightbour agree to cut and go half then you can let them know and arramge a time to cur it,then just send the bill to them to pay.

    However in your situation it is an investment propoerty I dont think the owner care and willing to pay half.

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