Next Door Neighbours Tree 1cm Away from My Fence

Jumpup on 01/06/2020 - 15:24
Last edited 01/06/2020 - 22:32

We just purchased a block of land and the Neighbour has a Eucalyptus tree that is 10 meters tall against our fence, it’s about 1cm from knocking the colourbond fence down. There is no overlay or protection of trees in our area.

What should I do? And what are my rights?

Update: I purchased a house on a block of land that was over 60 years old. This tree was planted exactly 10 years ago when the Neighbour built townhouses. I’ve done some research online and found advertising photos when they first built it. The Gumtree was planted within 20-30cm from the fence.

Home & Garden

Comments

  • PissLUR on 01/06/2020 - 15:26
    +68

    Post the picture of your neighbour's tree here.

    We'll do our assessment and get back to you.

    • 87percent on 01/06/2020 - 18:19
      +50

      We doing pictures now? Have we moved on from MS Paint?

      • ireadtermsofuse on 02/06/2020 - 16:12
        +5

        Has to be on Mario Paint now

      • TK Deadwalker on 03/06/2020 - 13:28

        MS Paint sucks!!!!
        Suck my bitmap OzBs

  • Agarwal on 01/06/2020 - 15:27
    +19

    Climb it

    • Andard on 03/06/2020 - 13:55

      got 'em

  • Geekomatic on 01/06/2020 - 15:29
    +45

    So it was obviously there when you purchased the lot? I think I would have spoken to the council or the owner right then, personally. Generally speaking, you can cut overhanging branches, but then what you're left looking at isn't very pretty and you make an enemy of your new neighbour. :P

    Ring your council.

      • zonra on 01/06/2020 - 15:47
        +82

        I hope that isn’t true.

        It isn’t.
        Otherwise everyone would start planting trees along boundary fence to expand their backyard.

          • Caped Baldy on 01/06/2020 - 16:12
            +103

            @Jumpup: Your friend is a leech and borderline thief.

          • Donaldhump on 01/06/2020 - 16:17
            +19

            @Jumpup: just like sadam Hussein thought slant drilling from Iraqi land into Kuwait was okay

          • lunchbox99 on 01/06/2020 - 16:59
            +7

            @Jumpup: Your friend is full of crap.

            • capslock janitor on 02/06/2020 - 10:13
              +3

              @lunchbox99: Himself should plant his own euky next to it on his side of the fence.

              Fight trees with trees.

          • PVA on 01/06/2020 - 16:59
            +12

            @Jumpup: No it’s not. He may think it is but when selling, a survey will quickly show the extra land is the council park.

          • poboy on 01/06/2020 - 18:49
            +3

            @Jumpup: I very rarely laugh out loud at posts, but this got me good.

          • MilkDrinker on 01/06/2020 - 19:32

            @Jumpup: Technically its still the councils, but if he had it for a lengthy period of time and the council doesn't notice and he can prove he possessed it for that length he might have a claim for adverse possession, still a bit shifty though

            • rewstar on 01/06/2020 - 21:24

              @MilkDrinker: Pretty sure the courts would throw it out, otherwise everyone who mows their front verge and has sprinklers installed in the council verge could claim adverse possession, as they have been maintaining it for required time frame.

              • MilkDrinker on 01/06/2020 - 21:35

                @rewstar: It does happen with small back streets, though rarely, and since this "friend" fenced it off, he can claim noone else has used it since then and is thus "abandoned".

                Council would probably say something is (profanity) if people started putting up a new 6 foot fence on their front verge which is why it usually isn't done.

            • commodorekid on 01/06/2020 - 21:58
              +5

              @MilkDrinker: You can only adverse possess private poverty. You can't claim against the crown. (I.e council)

              • MilkDrinker on 01/06/2020 - 22:05

                @commodorekid: Its pretty damn murky, talking about law and when a road is just a road etc. Councils will be the first to tell you no, since they will be giving up real estate. I'll just say it has been done and the claim was usually more than 30 years old.

                • Jumpup on 02/06/2020 - 00:33
                  +1

                  @MilkDrinker: He had the house more than 30 years and he recently sold it with still the fence up. I assume it was an easement which belonged to the council as it’s the widest block in our area.

            • [Deactivated] on 01/06/2020 - 22:40
              +1

              @MilkDrinker: Works for a house, not if you fenced up land.

              There are no rates to pay or service to maintain the land so squatter laws do not apply.

          • dcash on 02/06/2020 - 10:35
            +1

            @Jumpup: I'd say there's an element of truth to this. I've had an experience where the next door neighbour was rebuilding, and erected the fence dividing our properties further across than they should (i.e. it was noticeably in my property, not on the property line). I immediately complained to council, and when they finally came out to take a look they basically said, "Yeah, it's wrong. But it's already built now, so there's nothing we can do". City of Parramatta Council, for those who'd like to know.

            • kale chips suck on 02/06/2020 - 12:55

              @dcash: Do I understand this correctly? The fence is on your property and you've left it there?

              • dcash on 02/06/2020 - 13:41

                @kale chips suck: If council doesn't care, what are my options? I either take my neighbours to court, or I pay to have the fence moved to where it belongs. Neither option is really appealing, and I shouldn't have to exercise either option when council admits it's wrong, but just doesn't care.

                • kale chips suck on 02/06/2020 - 17:19
                  +1

                  @dcash: You're going to lose legal right to that land and your (profanity) neighbour could well get it added to their title, and you won't be able to do anything about it. Look up "adverse possession".

                  After 7 years (the time might vary depending on the relevant geographical jurisdiction; I don't know the specifics for NSW) of maintaining it, it can be added to their title and you've lost it forever. Note that this is not the case if the land they're trying to get is council/gov/crown land, which is immune to adverse possession claims.

                  Send them a Boundary Notice: https://www.lawaccess.nsw.gov.au/Pages/representing/lawassis…

                  and get it surveryed. Confirm the actual boundary line first.

                  Assuming you're right, then you need to look at whether you'll spend more moving the fence that you will lose if you lose your land. If you do lose the land (I hope you don't) be sure to advise council that, as your block is now smaller it's worth less, and thus you'll expect lower rates, thanks, and also, for the same reason, that they need to ensure that the neighbour's rates go up commensurately.

                  Also, I'd be getting in touch with your local State Member of Parliament. Just drop in and explain. They can lean on council for you.

                  • dcash on 02/06/2020 - 17:48

                    @kale chips suck: Wow. Very disappointing to hear that they can claim it as theirs, simply by them doing the wrong thing and having my complaint to council being disregarded. Very disappointing indeed. I think it came about because the builder placed their rainwater tank on the boundary, and so when it came time to putting in the fence it was, of course, put on the outside of the water tank (in my property). Of course the neighbours don't speak a word of English, so it wasn't even possible to talk to them about it.

                    To have the entire property surveyed to claim a few dollars back from council will, unfortunately, prove to be a loss for me. And that's even if council didn't just ignore my request. Most of my dealings with City of Parramatta Council have been, shall we say, disappointing at best. There are some real idiots there who you simply can't argue with, because they're just too stupid to even understand what is being debated.

                    I tried the MP route previously. Didn't help, unfortunately.

                    • kale chips suck on 02/06/2020 - 17:58

                      @dcash: How far over the bounday onto your land do you think the fence is? What is the area lost? What is a square meter worth in Parramatta?

                      As for councils, yeah, about as useful as a chocolate teapot. That seems to be universal truth. To know them is to loathe them … :-/

                  • Butt Scratcher on 04/06/2020 - 10:50

                    @kale chips suck:

                    After 7 years (the time might vary depending on the relevant geographical jurisdiction; I don't know the specifics for NSW) of maintaining it, it can be added to their title and you've lost it forever.

                    Not true…

                    http://classic.austlii.edu.au/au/legis/nsw/consol_act/rpa190…

          • tik tok on 02/06/2020 - 12:59
            +1

            @Jumpup: Putting a fence around anything doesn't make it yours.

          • Typical16-bitEnjoyer on 02/06/2020 - 13:32

            @Jumpup: That's called adverse possession. Local councils are all over this after the well known proceedings that was successful. Next to no chance of anyone claiming council land ever again.

      • netjock on 01/06/2020 - 17:38
        +1

        It’s a hot market in our area so you need to be really quick with your offer there was no time.

        Guess this was before COVID19.

      • Tech5 on 02/06/2020 - 09:24

        Just like the good ol' colonial days

    • jimbobaus on 01/06/2020 - 15:49
      -2

      THIS!

    • Herbse on 02/06/2020 - 11:33
      +6

      Generation entitled - Buy now, complain later.

  • iratepirate on 01/06/2020 - 15:44
    +22

    What should you do? - Nothing, the tree isn't doing you any harm. What are your rights - You have the right to the quiet enjoyment of your property, and so do your new neighbours.

      • Drakesy on 01/06/2020 - 19:16
        +20

        oooh, please provide where the council has stated this.

        *grabs popcorn

      • JelIyfish on 01/06/2020 - 21:49
        +1

        "Your not meant to plant within 1 meter from the boundary."

        You realise they grow, yeah?

        • Jumpup on 01/06/2020 - 22:29
          -6

          Obviously I realise they grow. The trunk is only a diameter of 25cm so it would of have been planted closer than a meter from the boundary.

          • JelIyfish on 02/06/2020 - 10:40
            +4

            @Jumpup: You're saying they planted a gum tree ~13cm from a boundary fence?
            Can you please share a picture?
            Thanks

          • sarahlump on 02/06/2020 - 20:39

            @Jumpup: Maybe the land moved, turns out ground does actually move over time. Is it on a hill? if so might just be that they planted it a meter away and it shifted. Trees legit move.

            • bmerigan on 03/06/2020 - 22:39

              @sarahlump: Wouldn't the fence posts move too?

              • sarahlump on 04/06/2020 - 03:47

                @bmerigan: Yes!
                (im not being sarcastic, I just sound this way)
                In a similar relative way the whole planet has moved and technically the tree has moved millions of km's, however relative to the fence post the tree has likely not moved much.

                I'm inclined to support the tree, they're nice, they're very similar to us in a way. They just wanna gather and store energy and make more cells. Be kind to your trees because without them we'll all suffer and die pitifully.

                • JelIyfish on 04/06/2020 - 08:50
                  +1

                  @sarahlump: Sarah, I'd like whatever tree you're smoking.

                • Ughhh on 04/06/2020 - 10:24

                  @sarahlump: Just like how your Anus has moved up north? Any complaints from the Nosey neighbour?

                  • sarahlump on 04/06/2020 - 15:43

                    @Ughhh: Ughh, if you want to talk about my ass you have to either buy something or gtfo.

  • GG57 on 01/06/2020 - 15:53
    +3

    Just make sure you have suitable insurance; if the tree falls, or a branch or two, onto your property that is your problem to resolve.

  • brendanm on 01/06/2020 - 16:14
    +11

    Neighbour should pay to have the tree removed, op should be able to blindly buy a block and has every right to expect to have no trees within a metre of the boundary.

    • cameldownunder on 01/06/2020 - 17:12
      +3

      EVER !

      • brendanm on 01/06/2020 - 17:34
        +3

        Definitely. If any others grow then neighbour should pay to have those removed as well.

        • poboy on 01/06/2020 - 18:51
          +8

          That goes without saying. Just need to specify how many adjacent suburbs the neighbour is liable for.

          • brendanm on 01/06/2020 - 20:08
            +1

            @poboy: I think 3 would be fair for everyone.

    • Drakesy on 01/06/2020 - 19:17
      +1

      not sure if serious?

      • brendanm on 01/06/2020 - 21:04
        +10

        Very serious. Surprise trees on the boundary are no laughing matter. Imagine if that was your fence that will imminently be pressed on.

        • Drakesy on 02/06/2020 - 00:02
          +3

          Ermmm, but the tree predates the OP's property, not exactly a surprise per sae (and isn't on the op's property), which if i'm correct would have a precedence over the Op's construction plans. Sure the op could cut back whatever projects onto their land but it sounds like they're just being nosey and worried it might in the future impinge on the fence.

          Also OP has no one but themself to blame for buying the lot sight unseen and is now looking at ways to make life hard for neighbours. The op was never forced to buy the block.

          Also if the fence were damaged the civil thing to do would approach the neighbours in a cordial manner and request they remediate the fence/tree to ensure the structural integrity of the fence is sound, nothing major.

          But then again it sounds like the OP just wants to experience life living in a dust bowl.

          • brendanm on 02/06/2020 - 06:48
            +8

            @Drakesy: But op is somewhere with a hot property market, he had to act quickly, and now that selfish tree planting neighbour will have to make it to ops satisfaction.

            • Drakesy on 02/06/2020 - 10:31
              +2

              @brendanm: Okok
              Good troll
              Well played

              Oh and currently in australia there are a total of 0 hot property markets

              • brendanm on 02/06/2020 - 12:07
                +8

                @Drakesy: We got there in the end 👍

                • Scythic on 03/06/2020 - 01:44
                  +1

                  @brendanm: I actually came across a "hot property market" claim recently. Turned out it's just a guy being hustled into buying a property at higher market price - he believed everything the estate agent told him

                  Could OP was in the same boat?

                  • derrida derider on 03/06/2020 - 14:54

                    @Scythic: Yep, absolutely. Clearly OP is extremely naive. He even believed the bit about the neighbour getting his property if the tree was in it. He certainly believed the RE agent's crap about "hot property market, I've got 16 other buyers waiting all ready to pay top dollar". OP, here's a life lesson: all salesmen want you to buy immediately before you can do your homework, and many will lie shamelessly to get you to do so.

                    Best thing to do is talk to the neighbour and offer a cash settlement for the tree to go.

  • BOGOF on 01/06/2020 - 16:24
    +4

    Firstly…..Have a friendly chat with your neighbour, and explain your concerns. I'm sure an agreeable solution is possible, without asking for advice on 'your rights'.

    • Jumpup on 02/06/2020 - 01:10
      -8

      The tenants are living there

      • Wickz on 02/06/2020 - 06:32
        +9

        So what? You go over and ask really nicely for the details of the Real Estate company they deal with, and then you contact the Agent and explain who you are, that you would like to talk to the owner, leaver your details for them and wait for the owner to call you back.

        If you really don’t want to talk to them (which it seems you don’t) google the address, find the “for lease” listing, hope it’s still the same company and email them.

        As a renter I’ve both asked for owners details from tenants beside me, and also had the same requested from me.

        • Hangryuman on 02/06/2020 - 14:05

          agent ? good - most agents don't care and will choose the least work/cost to them.

          what you can do is email the agent that the tree branches are encroaching on your property (I'm assuming if 10m tree is at the boundary there are probably branches over your boundary line - not yet mentioned - 'look up … what do you see … !?')

          and that they have 14 days to reply, after which you will proceed to remove the encroaching branches and send them the bill

          hey - might not work - but has an equal chance of working … ;-)

          • Krankite on 03/06/2020 - 11:39

            @Hangryuman: I thought most agents just wanted to minimize work for themselves while maximizing work for their favorite tradies. Costs don't come into it.

  • TheMindsetTraveller on 01/06/2020 - 16:33
    +12

    Interesting how the tree was there before you bought your land, sounds like you would fit well in the apartments adjacent to Luna Park.

    • fatz on 02/06/2020 - 12:56
      +6

      And under the flight path … Well during covid19 period there were no plane. And now they are back ….what is my right ?

  • Davo1111 on 01/06/2020 - 16:55
    +6

    it’s about 1cm from knocking the colourbond fence down

    the tree was there first, unless it actually damages the fence, i dont see the issue.

    Best case scenario, owner offers to let you remove it, at your cost.

    • Hangryuman on 02/06/2020 - 14:06

      OMG - it's almost like - a bad thing could possibly happen - some time in the future !

      Somebody should DO Something !

      (Precious Snowflake Alert)

      • Scythic on 03/06/2020 - 01:47
        +1

        Maybe OP has the power to see the future of this mysterious tree

  • geech on 01/06/2020 - 16:59
    +23

    Call ACA and tell them of your plight. It’s unaustralian for your neighbour to expect to be able to have a tree near your property. Cut them all down so you you get the true experience of living in a dust bowl that is a new housing estate

    • cameldownunder on 01/06/2020 - 17:14
      +1

      Neighbour has a Eucalyptus tree

      And you want it cut down, with all the Koalas needing a tree? MONSTER !

      • WoodYouLikeSomeCash on 01/06/2020 - 17:17
        +2

        You won’t find any koalas looking for a tree in a residential area.

        • cameldownunder on 01/06/2020 - 17:19
          +2

          Because trees are planted to close to neighbouring property and cut down, that's why.

      • Jumpup on 01/06/2020 - 18:54
        -6

        Never seen a Koala in the CBD haha

        • iand on 01/06/2020 - 20:39
          +5

          few within about 5k's of Melbourne cbd in Parkville

  • oscargamer on 01/06/2020 - 17:19
    +17

    You have the right to trim any branches that overhang the fenceline.

    You also have the right to notice that the tree was already there when you bought the house.

    • Hangryuman on 02/06/2020 - 14:08
      +1

      right to notice tree … ?

      knuckledragger did not notice tree …

    • D C on 03/06/2020 - 15:37

      You also have the right to notice that the tree was already there when you bought the house.

      That's there is thread-winning comment. Top job, old son.

      @OP needs that etched onto his new pair of glasses.

  • netjock on 01/06/2020 - 17:39
    +4

    1cm from the fence. Until the tree grows that 1cm you have no recourse. You got a few years to prepare.

  • Patchy01 on 01/06/2020 - 17:41

    Take a chainsaw and cut it down. Just pray it doesn't fall on yours or your neighbours house.

    • marty260 on 03/06/2020 - 09:33

      have your mate push it away from the houses, all good!!!

  • whooah1979 on 01/06/2020 - 18:28

    1cm from knocking the colourbond fence down

    Whit kind of fence gets knocked down by a 10mm push?

    • Jumpup on 01/06/2020 - 18:34

      It will continue to grow??

      • whooah1979 on 01/06/2020 - 18:39
        +2

        The fence has enough flexibility to accommodate a few years of growth.

      • whooah1979 on 01/06/2020 - 18:43
        -5

        You can stop it from pushing the fence by spot spraying with roundup.

        • Jumpup on 01/06/2020 - 23:35
          +1

          Will this work without killing the tree?

          • whooah1979 on 01/06/2020 - 23:53
            +1

            @Jumpup: No. It will prevent it from grow bigger at that spot.

            • Certified Angus on 02/06/2020 - 10:43
              -1

              @whooah1979: So your reasonable response is to poison the tree? Have you considered the legality of that dick move?

              • whooah1979 on 02/06/2020 - 13:46
                +2

                @Certified Angus: The alternative would be to use a saw and keep pruning the spot.

                Have you considered the legality

                Op did say that There is no overlay or protection of trees in our area.

    • OzzyOzbourne on 01/06/2020 - 21:53

      You're assuming it's 1cm from touching the fence, op said 1cm from knocking it down, which means it's already pushed the fence so far that another cm will knock it down. 😁

      • Hangryuman on 02/06/2020 - 14:09

        yes SIR ! - Some Interpretation Required …

  • thechemist on 01/06/2020 - 20:19

    unfortunately the tree came before you. I would have an issue if they planted something of that size or even 1/2 that size. I hope you don't look to develop the property as it will affect that. The rules of property development is the most important trees to look at are your neighbours as not much you can do about it

  • Capo93 on 01/06/2020 - 21:21
    +8

    Is anyone else sensing a troll?

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