Owner of Rented Property Not Willing to Trim Tree Branches That Have Grown over on to My Property

oliman on 12/03/2019 - 16:46
Last edited 12/03/2019 - 17:24 by 1 other user

Would really appreciate if someone can advise in this matter.

There is a tree on the side of the neighbouring property which is far overgrown and nearly reaching the roof of my house. It is also causing green waste from falling leaves etc see image. The property is rented by an agency in VIC.

I have contacted the agency and asked them to request the landlord to trim the tree from our side. This is the reply I got from agency.

"Unfortunately my landlord is not prepared to do this however as advised with any plant or tree hanging over your side you are welcome to cut this back or trim this to stop this"

I would have to spend time and money to get this done myself and I believe it is not fair what agency is asking me to do. Can someone advise what my rights are in this scenario and how can I escalate this matter if the landlord/agency does not co-operate?

Thank you for reading.

Home & Garden

closed Comments

  • toniyellow on 12/03/2019 - 16:52
    +10

    https://www.disputes.vic.gov.au/information-and-advice/trees

    A property owner has the right to trim back any leaves or branches that enter their property at their own cost. This is known as the ‘right of abatement’.

    If you want your neighbour to pay for any tree maintenance, you need to show it’s damaging your property or constitutes a private nuisance. A private nuisance is when your use and enjoyment of your land is being affected by another person’s act or omission. This is decided in the Magistrates’ Court.

    Before performing any tree maintenance, check with your local council (External link) (External link) to ensure you are complying with all relevant tree regulations. Make sure the tree isn’t protected and doesn’t require a permit to cut it back.

    • oliman on 12/03/2019 - 16:53

      Does not sound fair to me….but oh well…

      • Seedy seed on 12/03/2019 - 17:04
        +14

        Lol, its a tree mate just trim it…

      • David2017 on 12/03/2019 - 17:10
        +5

        If you spent the time you took contacting agencies and typing on here actually trimming the tree you’d have enough time in reserve to trim it for the next 5 years. If everyone expected everyone else to do everything nothing would ever get done.

        Life ain’t fair, get used to it.

  • spackbace on 12/03/2019 - 16:47
    +14

    I would have to spend time and money to get this done myself and I believe it is not fair what agency is asking me to do.

    Grab some garden tools and a step-ladder and cut it back yourself…

    Seems simple enough. You likely already have the tools to do it.

    Maybe they don't like your bird aviary and can't do anything about it either? ;)

    You've been in the house about a year and a half, when was the tree put in? Has it been there since you moved in?

  • HighAndDry on 12/03/2019 - 16:48
    +5

    "Unfortunately my landlord is not prepared to do this however as advised with any plant or tree hanging over your side you are welcome to cut this back or trim this to stop this"

    What's wrong with this? Branches on your side of the property, you want them gone, just trim them.

    • oliman on 12/03/2019 - 16:51
      -3

      The effort and cost is what I am not willing to pay for the tree which he owns in his property.

      • HighAndDry on 12/03/2019 - 16:51
        +2

        But the part you want trimmed is on your property. It's a tree. Trees grow. He has no obligation to trim it for you.

      • tomsco on 12/03/2019 - 16:57

        Do you already own the tools? Doesn’t have to be a tidy job. Just hack at it and throw it back.

    • kusama on 12/03/2019 - 18:30

      Depends how big this tree is. My neighbors trees were massive clogging gutters and then one branch fell and broke my windscreen, which they didn’t care about but let me know they had booked someone to do it for there own reasons.

      I guess it’s still your responsibility if it is over hanging but it sucks.

      Edit: Just saw pic, not massive but would be annoying

  • chumlee on 12/03/2019 - 16:51
    +13

    Just cut them back & throw them over the fence as is your legal right

  • MelbEng on 12/03/2019 - 16:53
    +2

    Unfortunately, those are the rules. You are reasonable for trimming any branches on your side of the fence.

  • 87percent on 12/03/2019 - 16:55

    What happens when the neighbours palm tree looking thing, drops those long leaves into my yard?

    • [Deactivated] on 12/03/2019 - 16:57
      +4

      Throw it back to their yard.

  • GangGang on 12/03/2019 - 16:57
    +1

    They have given the proper response.

    Get some pruners and loppers and you will be done in 30 minutes. If you don't own any, speak to friends and family. I'm sure someone will own it.

    This should only be an issue for the elderly and disabled, which you haven't stated.

    • [Deactivated] on 12/03/2019 - 16:58
      +1

      Better is a pole hedge trimmer and/or pole saw. 5 minutes.

      • GangGang on 12/03/2019 - 16:59

        The hedge trimmer would be done very quickly. I'm just not sure how thick the branches are.

        • [Deactivated] on 12/03/2019 - 17:15

          The better ones go through pretty large branches (1 inch or so).

          The pole saw is for those larger branches.

    • oliman on 12/03/2019 - 16:59

      Thanks for the advice. Really appreciate it. I will gladly do it now and will make sure to throw the mess away in his garden!

      • GangGang on 12/03/2019 - 17:01
        +1

        It's a pain in the ass but don't let it get to you. At least you've done your part by contacting the agent/landlord.

        Be careful when pruning the branches.

      • Seedy seed on 12/03/2019 - 17:07
        +1

        Buy vheap garden gloves, you sound like you arnt use to manual work and gloves will protect you :)

      • robbyjones on 12/03/2019 - 17:51
        +9

        That's a bit petty and could make an enemy of your neighbour and cause ongoing issues. Just trim the tree, throw the green waste into your bin and move on.

        • tomleonhart on 12/03/2019 - 18:16
          +1

          I know aye. I used to mow the lawn for my neighbor and use my green bin for it too. He does the same for us when we're bz.

          Why do people go up in arm in such trivia matter is beyond me.

        • Quantumcat on 12/03/2019 - 19:14

          It is always better to keep your neighbours happy if it doesn't cost much effort. Neighbours have the power to make your life hell if they decide they want to!

  • Brucet on 12/03/2019 - 16:58
    +1

    Why don't you just cut it and save your voice.

    • oliman on 12/03/2019 - 17:00
      -1

      Yeah will do it.

      I have never done such a thing and was concerned of safety.

      • tomleonhart on 12/03/2019 - 17:29

        literally there's a first time for everything. You might enjoy being outdoor and doing some labor work, you never know :P

      • SnoozeAndLose on 12/03/2019 - 19:38
        +2

        If you dont want any outdoor work you should live in an apartment.

      • altomic on 12/03/2019 - 22:49

        I have never done such a thing and was concerned of safety.

        I felt that way on my wedding night

  • Euphemistic on 12/03/2019 - 17:06
    +4

    Just beware that throwing the branches back over he fence may be seen as some sort of petty aggressive action and make the neighbour angry. Consider how you might be able to approach them first, armed with knowledge of your rights and negotiate a solution first.

    Notify the agency as well of your intentions BEFORE you trim them.

    If it was me I’d be talking to the neighbour about splitting and putting the waste in our green bins to help get rid of it for them.

    • oliman on 12/03/2019 - 17:11
      -2

      So now I have to arrange the rubbish myself also? This is bizarre
      .

      • 87percent on 12/03/2019 - 17:29
        +7

        Let me put it this way

        Even though you've spoken to the neighbour, you throwing the branches back over the fence looks pretty bad on your part. If my neighbour did that, I'd be pretty pissed off

        That being said, I never understand why people go out of their way, to make living next door to someone for potentially a very long time, so freaking difficult - just (profanity) suck it up and do it

        • zoob on 12/03/2019 - 20:10

          But those branches are your property, so technically giving them to you is the right thing to do.

          • Quantumcat on 12/03/2019 - 20:39

            @zoob: I know this was meant as a joke, but unless the neighbour has a mulching machine and wants them for his garden they're just a nuisance

            • zoob on 12/03/2019 - 22:16

              @Quantumcat: It wasn't a joke. That is literally the legal advice I read in a pamphlet provided by the council. The branches are legally the property of the owner of the tree.

      • Euphemistic on 12/03/2019 - 19:44
        +1

        No you don’t HAVE to arrange the rubbish, but living next door to someone isn’t a 5min deal and you never see them again. I’d be ticked off if my neighbour just chucked the branches over my fence, if they asked about where to put them I’d find a space where I could deal with them easily and help them put them there so it made it easier for me later.

      • Dotheday on 12/03/2019 - 19:59

        How old are you?

      • 87percent on 12/03/2019 - 20:17
        +1

        What arrange rubbish? Wheel your green bin to wheel the branches are, and put them in. When bin day arrives, wheel your bin to the front yard.. It's not rocket science

  • MITM on 12/03/2019 - 17:10
    +1

    Talk to your neighbour first and ask if he will trim the tree for you as it's too tall for you to reach.
    If he's not keen either, ask if he will go halves for an Airtasker to complete the job for you.

    • oliman on 12/03/2019 - 17:12

      I have already asked the landlord. Pretty sure the tenant renting the place wont give a (profanity).

  • Brucet on 12/03/2019 - 17:26

    may contact local council.

  • nocure on 12/03/2019 - 17:47
    +4

    Looks like a mango tree, you may want to keep it.

  • Ocker on 12/03/2019 - 18:19
    +2

    Much ado about nothing!
    How hard could it be to get a step ladder, lop of the branches at the fence line and then toss them back over the fence for the neighbor to worry about them.
    15-30 mins all done.

  • whooah1979 on 12/03/2019 - 18:28
    -1

    A bottle of Zero on your side of the fence should do the trick.

    • Baysew on 12/03/2019 - 18:33

      Would Pepsi Max work just as good?

  • hmac on 12/03/2019 - 18:31
    +4

    why are you acting so entitled. I would hate being your neighbour.

    Simply cut it yourself, it will merely take 5 minutes. I don't know why you need someone to do it for you

  • JIMB0 on 12/03/2019 - 19:32

    You should sue god for creating trees.

  • [Deactivated] on 12/03/2019 - 20:46

    Recently had to arrange for our neighbour's tree to be pruned back to the fence line as the leaves were constantly shedding onto our driveway (& car) and roof gutters.

    My husband and brother were both gung-ho at doing the work themselves - my sister-in-law & I nixed their plans as the tree is 3.5-4m tall and the extent of their collective manual labour to date is lawn mowing!

    I know it's an expense to outsource however the arborist that did the work told us of a few cases where homeowners had attempted DIY tree pruning and ended up with broken bones/deep cuts & scrapes as they underestimated the complexity involved - looks easier than it is.

    Ensure you let your neighbour & the property manager know the date the work will be done, the extent of the tree pruning and request access to the neighbour's property, as required.

  • 51kabunka on 12/03/2019 - 21:02
    +1

    Look Mate, U could of chopped 10 trees down by now . Time to get off the forum, and get some exercise! just put it in your own green bin, and be done with it…even if it takes a couple of weeks, it's not going to cost you anything

  • Moderatorneil on 12/03/2019 - 22:58

    OP has the answer. Go cut the tree yourself. Comments closed.

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