Tree Removals in The Neighbouring House Broke The Fence in The Middle Who Should Be Fixing It?

Dr-StrangeLove on 06/09/2021 - 11:49
Last edited 09/09/2021 - 22:39

Hi, I live in an independent house and my neighbour is a strata managed property (townhouses) and today they had some tree removalists who has caused the damage to the fence. I spoke to the guys and they are arguing that the fence was already broken and they have photos of it. I don't think they have any proof that it was already broken as he didn't show me the photos. I have a couple of queries,
1. The guy is bu**shi***ing about the fence being broken already as I had seen it before that it was intact (it was probably a few months ago) but the problem is that I do not have any photos of it when it was not broken and not sure if I should be worried about it?
2. I am trying to contact the strata company that maintains the neighbouring property to see if they are willing to fix it as it was caused while clearing up the tree but what should I do if they don't agree?

I wonder what my options are here as the tree removalists will probably leave it as it is. Can some advise one what should be the ideal way to go with this problem?

Here is a picture of it and the circled part is the broken fence
https://imgur.com/a/DzO]xpV
The stuff built up between the shed and fence is due to the removalists leaving their mess on my side as is. They didn't even agree to clear it up as it fell on my property. If it is due to the stuff built up in between then they are responsible for it as well.

Update: fence appears to have been fixed now. Didn’t see who did it but it doesn’t really matter I guess. Didn’t hear from the bully again.

Home & Garden

Comments

  • deme on 06/09/2021 - 11:51
    +4

    Go use Bing/Google/Apple?/Nearmaps and find some evidence the fence wasn't broken before.

    • Dr-StrangeLove on 06/09/2021 - 11:58

      Wow that is a great idea! thanks. Will do that right away

      • deme on 06/09/2021 - 11:59

        Oh and https://maps.six.nsw.gov.au/ I forgot about that one.
        If you aren't in NSW your gov might have something similar.

        Please yell gottem when you find the evidence. :)

        • Dr-StrangeLove on 06/09/2021 - 12:02

          it is not very clear in both this and the google maps. There were two trees there that were removed today.

          • deme on 06/09/2021 - 12:02

            @Dr-StrangeLove: Bing and Nearmaps have Angled photos check them. You might need to select Aerial or something to get the angled ones on Bing.

  • GG57 on 06/09/2021 - 11:59
    -1

    It seems to be one panel only, and the cost would be split between the two properties. How much would that be?

    • deme on 06/09/2021 - 11:59
      +5

      Why? If I broke your fence are you going to pay half?

    • cameldownunder on 06/09/2021 - 12:02
      +1

      The company should have insurance for that. Treeloppers probably don't even know.

    • Dr-StrangeLove on 06/09/2021 - 12:07
      +3

      It might be an easy fix but it was not caused my me or it wasn't that way before. Clearly the removalists made that mess

      • GG57 on 06/09/2021 - 12:58

        If the dispute about who caused the damage cannot be resolved / agreed to (which appears to be case just now), then the two neighbours both need to contribute to fix the damage.

        • deme on 06/09/2021 - 14:55

          Did you get your law degree from reddit?

          • GG57 on 06/09/2021 - 15:50

            @deme: So, in this scenario, what is your adjudication?

            If the dispute about who caused the damage cannot be resolved / agreed to (which appears to be case just now)

            • deme on 07/09/2021 - 15:34

              @GG57: Neither of us are magistrates/judges/members of an arbitration tribunal etc.

              Just contact the person that broke it, otherwise bring them to xCAT.

              If I broke your fence and then said no I didn't. Are you seriously going to leave it at that?

    • Donaldhump on 06/09/2021 - 13:12
      +1

      split between 2? why OP didn't break it.

      • Drakesy on 06/09/2021 - 13:17
        +2

        we only have one side of the story lets not forget.

        • deme on 07/09/2021 - 15:35
          -2

          Doesn't mean their story is wrong though.

  • foxmulder on 06/09/2021 - 11:59
    +2

    I guess you contact strta management and inform them what you think. Then they should do the rest.

    • Dr-StrangeLove on 06/09/2021 - 12:10

      I am trying to get the contact details of the strata company that manages the property. Hopefully someone their agrees to fix it. I am just worried that they might not.

  • Drakesy on 06/09/2021 - 12:04

    Whoever's side with the shed i believe should pay, i'd say physics would indicate the impact came from that side. As the top of the fence isn't crushed from the top the fence has been pushed out from ground level. The shed's side may have had a build up of stuff between the fence/shed?

    Looks like it could just be popped back in and screwed together if i'm being honest.

    • Dr-StrangeLove on 06/09/2021 - 12:06

      The stuff built up between the shed and fence is due to the removalists leaving their mess on my side as is. They didn't even agree to clear it up as it fell on my property. If it is due to the stuff built up in between then they are responsible for it as well.

      • Drakesy on 06/09/2021 - 12:11
        +1

        Well That would clarify a lot.
        Would've been pretty critical to include that from the start OP.

        But yes, if it's their sh1t that they put there and it looks like their branch is poking through the hole then i'd say it's on them.

        Stiil, a couple of screws and some elbow grease would go a long way in repairing it.

        • Dr-StrangeLove on 06/09/2021 - 12:15

          Thanks, I have added that as well in my post now.

      • Slippery Fish on 06/09/2021 - 12:13
        +1

        Lol, chuck it over the fence… it Is legally theirs.

        • Dr-StrangeLove on 06/09/2021 - 12:14

          yeah that is what they said I should do when I asked them if they are planning on clearing the mess up. The guy didn't even bother accept that it was their mess. I see some green branches with leaves there too which clearly shows that it is a fresh mess

          • Slippery Fish on 06/09/2021 - 12:17
            +1

            @Dr-StrangeLove: You have a choice, stress over a little tree litter that's fresh or throw it over the fence. The unit next door will complain and talk to them about the broken fence

          • Drakesy on 06/09/2021 - 12:18
            +1

            @Dr-StrangeLove: It could have been old foliage that fell off though and was never cleaned up given the frond poking through the fence is very dead. With the new growth the 'pruned' leaves.

            I'd say it'd be a hard task proving who's at fault.

            • DashCam AKA Rolts on 06/09/2021 - 17:42

              @Drakesy:

              If it is due to the stuff built up in between then they are responsible for it as well.

              The tree loppers aren't responsible for anything that was not related to the actual felling. If branches and leaf litter had accumulated before hand, that's nothing to do with them, unless specifically stated in their contract.
              Looks like OP has allowed fallen material to build up and wants someone else to clean it up.

  • Seraphin7 on 06/09/2021 - 14:25

    I spoke to the guys and they are arguing that the fence was already broken and they have photos of it.

    Who are "the guys" in question? The tree guys? The neighbours?

    The work is likely being carried out by the strata (not an individual owner). On an assumption that the fence was damaged by the tree removalists (not disputing that point), then the strata are responsible to you. The tree removalists are in turn responsible to the strata.

    You first of all need to speak to the strata company and be very clear on what has taken place. Be aware that the typical strata company (not to mention the tree removalists) are experts are delaying and giving you the run around.

    The photo you've included doesn't seem to be helpful either way. My first reaction is that looks like a build up of rubbish that's been there for a long time … that leads to a reasonable assumption/proposition that it is the cause of the problem. Looking at some of the comments above, you'll need to be able to establish that all of that has come from the tree removal activity (and is not just a build up of rubbish).

    • Dr-StrangeLove on 06/09/2021 - 14:30

      not the neighbours. By "the guys" i meant the tree removalists or the company doing the tree removal.

      • smartazz104 on 06/09/2021 - 14:38

        I suppose they wouldn't admit to causing any damage, as you came at them making accusations.

      • Seraphin7 on 06/09/2021 - 15:48

        Thought so. "Deny, deny, deny" is the standard play from these types.

        Any photos taken after the event only definitively prove nothing.

        From your perspective, it's not realistic for you to have photos of an unbroken fence.

        From the removalists' perspective, it is reasonable for them to have photos of a broken fence before commencing work. You may wish to ask them for their "before shots" of the broken fence?

  • Dr-StrangeLove on 06/09/2021 - 14:30

    not the neighbours. By "the guys" i meant the tree removalists or the company doing the tree removal.

  • DashCam AKA Rolts on 06/09/2021 - 17:44
    +4

    The trouble is the strata brought in tree fellers, clearly they needed four.

Login or Join to leave a comment
Login Join