Removal of a Large Tree from Neighbours Yard

Hi OzB

Does anyone have any experience in convincing the neighbour to take down a huge tree that's leaning into your yard? What was your process?

I've got this problem right now where my neighbour (owned by public housing) has a 14m tall tree is slanted with half it's branches overhanging into my backyard. I'm worried someone could get knocked out or killed by the big branches.

The tree has been certified in 'good' condition, so it's healthy. But I'm worried a severe weather event / lightning strike etc could topple it and it could crush someone. Pic of it here: https://imgur.com/a/pV52wJV

Location is inner west, Syd.

Thanks in advance

Edit: 7 Feb 2021 - thanks all for your input! Some great suggestions and ideas which I'll take onboard.

Comments

  • +1

    What did the council say when you ask or the (Dept of) public housing people? I would probably start with them first.

  • +9

    Why would you want to cut down a tree that's healthy?

  • +2

    Your neighbour doesn't own the house so they can't make any decisions either way. You'll have to talk to council probably

  • +5

    Depending on your state and local council trees can be protected. If it is not protected you can prune the tree exactly where it hangs over your fence at your cost.

    • +1

      And legally put the cuttings back onto their land

  • +3

    Thats not a bad lean & its a healthy tree so you will have little to no luck getting it removed whether the occupants agree or not. Not sure of the councile rules in the inner west however a little further west all tree removals have to approved by the councils and unless theyre a hazzard they wont approve of their removal. We've got one over our back fence on council land with termites and they still wont remove it

  • looks like it will hit the roof.

    What makes you think it will crush someone?

  • +5

    Nice tree you have there, I'd keep it.

  • since its so close to the fence (and I assume its a shed or house behind the tree) you could discuss the roots undermining the structures, causing you and the council to spend money. I don't know if it will work, but it's a tactic my dad used to remove a tree too close to a retaining wall.

  • +1

    I don't mind the look of that tree.
    We live near a school and a few big ass gum trees.

    One day the winds changed, branch broke off and crushed the old clothes line and fence..
    School cleaned it up, and they said its healthy so the rest of its staying. (Has a bend like yours)
    Lucky, it wasn't a school day otherwise children would have died. (No exaggeration- Sandpit still under that tree today)

    Moral of the story, they will not cut down a tree that's healthy…….

    • that's nothing, the kindergarten my kid attended a few years ago got one massive white gum in the middle of the playground and one windy day it dropped a branch when the kids were still there playing, but teachers normally got all the kids to go inside in such weather anyway. Tree guys came next day to clean it up and the tree still stand tills today.

      • +1

        Wouldn't it common sense to remove trees like that?

        Than again, what is CoMON SenSe?

  • You must obtain approval from your local council prior to removing any tree(s) from your property. Failing to do so can incur substantial fines. The rules regarding tree removal differ from council to council, but Tree Preservation Orders (TPOs) and Local Environment Plans (LEPs) guide many of the decisions made.

    https://www.service.nsw.gov.au/transaction/removing-trees-yo…

  • Healthy tree, small branches. No problem. How often do trees get hit by lightening in your area?

  • +1

    Just had a similar situation yesterday, large parts of a gumtree fell over and blocked neighbours’ access. SES spent about four hours cutting and making it safe. The tree is in housing commission property. Commission will remove it on Monday.
    As most people have said here, the tree is on commission property, it is up to them what they would do. Council would only allow dangerous trees to be removed. However, you should be able to contact the commission and ask them to remove branches from your property. Trees across the fence would damage the fence, which is your property too.
    Edit: looking at the photo, the tree is top heavy at an angle. It might drop limbs on neighbouring property, or even rootball in a storm. See if the commission would have the tree assessed by an arborist.

  • Send a letter to the housing commission with pictures and say that the housing commission will be liable for any injuries or replacement of damaged to your property or contents.

    Some neighbors did this with a gum tree that was on a council park, but was like you leaning over their property and it was removed withing a few months as they did not want to be liable for anything occurring as the letter was notice that they were liable as they had been told.

  • +4

    The real question is how did OP take the photo from within the neighbors yard??…..

  • Just get it trimmed in line with the fence/ boundary line and throw the stuff back over fence in a neat pile.

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