Neighbour Reported Me for Trimming Their Tree

POSITIVEVIBESONLY on 15/10/2021 - 10:14
Last edited 16/10/2021 - 14:03

So for context neighbours has a tree (crape myrtle) that grows right next to our fence, it's pretty big around 4m high and regularly grows over the fence. The majority of the tree has grown over to their side as I've constantly trimmed it on ours while they haven't at all on theirs. I've only cut on my side of the fence and never lopped into their side.

Recently I've let it grow quiet a bit over the fence stretching over into our balcony so I hired some gardeners to cut the tree right back to the fence. They cut exactly only to the boundary and not over it, I would say I removed less than 1/10 of the tree. Now I've received a notice from the council about vandalism of that tree and they'll be investigating it, so I was wondering if I have done anything wrong and if neighbours have a leg to stand on.

The law stated that may have been breached is the NSW Environmental Planning and Assessment ACT (1979) and Council's Tree Management Policy where in the State Environmental Planning Policy (Vegetation in Non- Rural Areas) 2017 (the SEPP) is aimed at retaining as many trees as possible in the area. In effect, it means that by law: clearing vegetation, including to -
(a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or
(b) lop or otherwise remove a substantial part of the vegetation

edit.

I've been reading the Council's tree management policy and it states

"Neighbours have the right to prune the branches of a tree over hanging their property without a Tree Permit Application,but only where such pruning is classified as exempt works, including undesirable species contained in Section 2.4."

But from what I see the crape myrtle isn't an undesirable species. Furthermore it states

"All other applications for pruning of a neighbour’s tree will require a tree permit."

I'm guessing I needed a application for a tree permit to trim their tree? I'll take this into account next time, hopefully everything goes smooth sailing this time.

edit2.

From DashCam AKA Rolts has given a link to the nsw gov website

https://www.facs.nsw.gov.au/housing/living/rights-responsibi…

Trees with invasive roots

The following tree species have invasive root systems that can damage sewer pipes. We will only grant approval to plant them if they are six metres or more away from a sewer, water or stormwater pipe.

Lagerstroemia sp. Crepe Myrtle

I'll be seeing what the NSW government communities and justice has to say about this as the tree is around 3m away from a main sewage line.

Also these are my council rules for Tree Management Policies.

https://www.georgesriver.nsw.gov.au/StGeorge/media/Documents…

Hope you guys enjoyed the story.

Home & Garden

Comments

  • CalmLemons on 15/10/2021 - 10:18
    +113

    If it's on your side of the fence, you can trim it.

    Tell your neighbour to stfu.

    Council have to appease whingey whiners by sending out letters to show they tried to do something.

    if they planted that tree, they did the wrong thing by not planning for the growth area of the tree. It's improperly planted as a recent tree properly planned and approved by council should not encroach onto a neighbours yard.

    Remember people who work at council were probably the bottom 5% of the class….

    • Big Lenny on 15/10/2021 - 10:26
      +24

      Remember people who work at council were probably the bottom 5% of the class….

      can confirm this, i know people who work here and they arent the sharpest tools in the shed

      and yes council have to send these letters to justify their existence

      • popsiee on 15/10/2021 - 10:35
        +24

        Well `^ being so called bottom 5% of the class they have certainly excelled themselves by getting lucrative jobs :)

        • Sammyboy on 15/10/2021 - 19:46

          Just like traffic controllers…

        • garygaz on 18/10/2021 - 12:42
          +2

          lucrative with very little purpose attached

      • node modules on 16/10/2021 - 09:39
        +8

        I remember one time I was talking to a ranger after he booked me for a parking fine and he was talking to me as if I just murdered someone.

      • playswithfire on 18/10/2021 - 18:19
        +3

        and they arent the sharpest tools in the shed

        often the biggest though.

        ;)

        • Kangal on 19/10/2021 - 00:01

          So you're telling me they were dull ?

    • POSITIVEVIBESONLY on 15/10/2021 - 10:26
      +2

      So the letter states "At this stage Council is seeking any information that may be of assistance in relation to this matter", should I email them about this or just leave this matter?

      • beeawwb on 15/10/2021 - 10:28
        +49

        Send them a link to this post

        • POSITIVEVIBESONLY on 15/10/2021 - 10:32
          +22

          I wish I had the balls.

          • pyramid on 15/10/2021 - 10:44
            +8

            @POSITIVEVIBESONLY: Then time to grow ball….lol…

            • RSmith on 15/10/2021 - 20:41
              +15

              @pyramid: … and make sure it hangs on the neighbour's side of the fence. If they do cut them, you can report them to the council for cutting your balls.

            • CocaKoala on 16/10/2021 - 00:40

              @pyramid:

              Then time to grow ball

              He did, but his neighbour pruned it. :'(

            • Littlevu on 17/10/2021 - 11:56
              +1

              @pyramid: Don’t forget to grow them on your side of the fence

            • [Deactivated] on 17/10/2021 - 20:49

              @pyramid: That's going to take considerable amount of time

      • sraymond on 15/10/2021 - 10:59
        +8

        Ring them and tell them the story. Better than having them send someone out to inspect and they pick up something else leek an illegal carport etc.

      • meowsers on 15/10/2021 - 11:06
        +4

        Just ignore and deny. If it's your word vs. theirs the only thing you can do is make it worse for yourself.

        Council is just trying to make themselves feel important. Ignore and say I cannot recall.

    • freefall101 on 15/10/2021 - 10:52
      +19

      Unfortunately for OP, in NSW there is the Trees (Disputes Between Neighbours) Act. That such a thing exists is insane, someone spent time writing rules on this shit. But it basically states an agreement needs to be reached first.

      Technically, you're meant to talk to your neighbour first to get them to agree to you cutting it back. If they refuse, it goes to the Land and Environment Court to get a ruling to cut it back. On the plus side, the neighbour who owns the tree would need to pay for it if it gets that far and there's a ruling.

      But just hacking it back without talking to them first could get OP into trouble.

      • pharkurnell on 15/10/2021 - 10:55
        +6

        That right there just blew my mind… BSOD…

      • POSITIVEVIBESONLY on 15/10/2021 - 11:05

        I left a notice under their door as they previously came over to scream at me for trimming their tree. Are you saying I can't touch their tree at all, even if it goes right into my property.

        • freefall101 on 15/10/2021 - 11:10
          +7

          I'm not a lawyer, but that's how it reads. Granted, it's hard to find human readable information on it, but it seems like that's the case.

          At the very least, talk to the council about it first next time. It sounds like your neighbours are lunatics which means you'll probably win, but there's always a process to be followed.

        • Porker on 15/10/2021 - 11:18
          +3

          A more protected (maybe legally?) approach would've been to notify them that their branches are overhanging and for them to have it cut back to the boundary line or you will at their cost. Another aspect would be to provide a reasonable timeframe of say 2 weeks.

          It's not clear what size or age of tree etc, but for example, if you cut it back and in doing so killed the tree, then the neighbour would possibly have recourse against you.

          It's hard to say what is what - if we're talking very minor branches or weeds, or off-shoots etc, then it's small fry. But if you've, as extreme example, cut all the branches of one side of the tree are now gone, then the earlier communication approach should've been the one taken and eventual mediation etc.

          • POSITIVEVIBESONLY on 15/10/2021 - 11:23

            @Porker: I did notify via letter that I wanted to trim minor branches off that were encroaching into our side of the fence which was done a month ahead of notice. As I said I cut less than 1/10 of the tree, to be honest I would say around 1/30th or less.

            The tree is around 20years old and tree looks super healthy but as they refuse to trim their side it has leaned to their side.

            • Porker on 15/10/2021 - 11:25
              +3

              @POSITIVEVIBESONLY: Some neighbours are simply unreasonable, but as you're more aware of the situation now, when the issue next presents itself, then it's best to protect yourself legally.

              • POSITIVEVIBESONLY on 15/10/2021 - 11:27

                @Porker: I'll take that into account and apply for a permit next time. I was always told that I could trim whatever was on my side of the fence. However from further readings, it looks like I can't unless it's exempt.

                • Porker on 15/10/2021 - 11:30
                  +1

                  @POSITIVEVIBESONLY: Yes, common misunderstanding is that overhanging branches can be cut without permission, and then simply discarded back over the fence. I thought this true too while growing up - it just made sense. For the most part it works - I mean, if it's not your tree, then the tree owner should deal with it. You're possibly doing them a favour of trimming rather them paying someone to prevent it from overhanging or addressing it.

                  But trees, like boundary fences, are a hot topic. As example, if someone cut back a heritage tree, and subsequent fine is issued, the fine would be issued to the tree owner but what if the neighbour was the one that cut it?

                  • POSITIVEVIBESONLY on 15/10/2021 - 11:33

                    @Porker: I only just been aware of all of this due to the notice sent. However the notice is only an investigation and hopefully I'll be let off this time. I am very annoying this has disturbed my workday.

                    • Musing Outloud on 18/10/2021 - 21:32

                      @POSITIVEVIBESONLY: Bejebus! Your Council thinks a tree is 3m or more. That is just a shrub or hedge. Many other Councils use 5m as the guideline. That 3m rule means a banana (technically a herb) could not be removed!

                      I had a 35m tall tree fall in storm and its uprooted root ball damaged the adjacent 25m tall tree's roots and started leaning. My neighbour threatened to sue me if I removed it (that is their go to position on anything they don't like with all the neighbours). But it was leaning and likely to fall on my neighbour's house if it went (or my house if the wind was blowing oddly). And as they'd also likely threaten to sue me if that happened, I got Council in. I let Council deal with the neighbour. Council were really quite helpful - hint hint!

                      Council agreed it was dangerous, but as it was a protected species in a protected forest zone I also had to apply to the State Government too. The State G people rubber stamped Council's recommendation and 4 months after I started this long process of approvals stupidity, I had all approvals to get it removed. I now have to plant related species to the protected forest zone but am perfectly fine with that. Already planted many some years ago to replace multiple noxious Liquid Amber, large leaved privet and Camphor Laurel that I removed soon after I bought my place. Will be getting those new trees planted this spring to add to my small forest in the back corner of my yard.

                      My best advice is to go up and chat with the relevant person at your Council. Explain what you had going with the previous owner (when the tree was under 3m) that you & the old neighbour has a verbal agreement to keep it pruned under 3m which is quite a typical treatment for Crepe Myrtles.

                      Pruning of Crepe Myrtles is a time tested way to thicken then up to keep them small and dense, so ought not be subject to a tree protection order given the previous agreement and pruning intent you had with your prior neighbour:
                      1. https://www.abc.net.au/gardening/factsheets/crepe-myrtles/94…
                      2. https://www.bhg.com.au/crepe-myrtles
                      3. https://www.google.com/search?q=pruning+crepe+myrtle (Click on images to see pruned ones)

                      Right now all the Council officer probably sees is two warring neighbours, and it is your task to change that perception. The aim is to smooth things over between you and Council. Position yourself as a quite reasonable person so your neighbour comes across as the (profanity). So focus on your longer term story and the facts relating to that. And don't whinge about the neighbour to Council, that will go against you.

                  • BartholemewH on 15/10/2021 - 19:47

                    @Porker: This still works in small town NSW.

      • Ghost47 on 15/10/2021 - 11:05

        There’s seriously something in the water in NSW.

        • Juddwah on 18/10/2021 - 07:59
          -3

          Fluoride ☠️

      • ericb on 17/10/2021 - 20:20

        I want to downvote that process.

      • superuser on 18/10/2021 - 17:49

        Wtfeking law or act, can't even cut the tree in property, no wonder we have very low population.

    • [Deactivated] on 15/10/2021 - 11:23
      +4

      bottom 5%? definitely not salary wise!

      • tedzr on 17/10/2021 - 18:49

        More like the meaty part of the Bell Curve.

    • BuDWiZe on 17/10/2021 - 09:26
      +2

      i have a similar problem with my neighbor. planted big trees like 1 foot from fence line. 5 of them to be exact and 1 majorly infringes on an adjoining neighbor who the poor bugger has been paying someone for years to cut giant branches that hang over his carport. told him next time report to council

      i trimmed her shit that was hanging over a few months ago in mine and she hung over fence to see and had a whinge that we cut some branches back behind her side. told her to (profanity) off because she planted them so close to fence its become a safety issue trying to walk up the path to shed. she hasnt said shit to me since

      • CalmLemons on 18/10/2021 - 23:11
        +1

        Good man.

        For the record, would not change the reply regardless of gender.

    • MrFrugalSpend on 17/10/2021 - 15:13

      At common law, the law on this is clear. It is a common assignment / exam question for law students on the topic of tresspass.

      You have a right of self help for their tresspass to trim what hangs over your property.

      Technically though you must return the clippings to the neighbour as they are theirs. This is an odd technicality which may inflame the situation, but has to do with the tort of conversion. It exists from the olden days whereby there may be fruit etc on the trimmings, you can remkve them from your land but not keep them.

      However state legislation and subordinate regulation and local by laws varies this. I'm not from NSW so you'd have to check for your area

    • DarwinBoy on 17/10/2021 - 22:17

      Ha. I work for Council but thankfully one that doesn't have silly rules like this to enforce.
      I have numerous other silly rules to annoy people with so will occupy myself that way.

    • GnarlyKnuckles on 18/10/2021 - 04:21

      Yo Gall, re:

      'Council have to appease whingey whiners by sending out letters to show they tried to do something.'

      Actually they don't, if the complainer is clearly unaware (or pretending to be unaware) of the relevant 'rules and regulations' that apply. In this case 'Council' should have sent the complainer a letter politely alerting them to the fact that they were wasting everyone's time with their misguided dipsh## BS, and should therefore shut the ##ck up.

      If 'Council' had taken this obvious and very simple course of action in the first place, a great many 'human working hours' could have been spent a lot more productively.

      This case typifies the problem with 'Councils' today …

  • SF3 on 15/10/2021 - 10:30
    +2

    Hope you guys enjoyed the story.

    Seems username checks out for this story.

    • POSITIVEVIBESONLY on 15/10/2021 - 10:32
      +19

      Why be negative, if you can be positive.

      • beeawwb on 15/10/2021 - 10:44
        +3

        Good philosophy. Works for my blood-type too.

      • dny on 16/10/2021 - 01:15
        +4

        coz covid

    • Username checks out on 18/10/2021 - 22:25

      Indeed I do.

  • DarkOz on 15/10/2021 - 10:30
    +10

    You should simply tell the council what happened and after you have been cleared you should send the gardener bill to your neighbour to pay you back.

    • burningrage on 15/10/2021 - 10:35
      +4

      And while you are doing that, examine the neighbour site as well for any indiscretion and counter complaint.

      You should be given an apology by your neighbour because they are being a first class arse-*&^%.

      • DarwinBoy on 17/10/2021 - 22:20

        Tit for tat,
        Seen that played out numerous times.
        You would be surprised once you look at the bylaws
        how many silly rules there are and how many people break every day.

  • DannyC on 15/10/2021 - 10:41
    +4

    Petty neighbours with passive aggressive things like this. Should take photos of the overgrowth as evidence.

  • weezlebub on 15/10/2021 - 10:41
    +5

    not sure about there, but in SA, you can cut back the tree and throw the branches back over to their side :)

    • weezlebub on 15/10/2021 - 10:57

      As a side note, i get along well with my neighbors and trim the branches back on their side so that they don't grow towards my property (i've been intending to put in a fence for the last few years)

    • redfox1200 on 15/10/2021 - 11:43
      +1

      can't throw it back over, but you can place it in a nice bunch at the front of their property. just throwing it over they can get you for vandalism or littering

      • banana365 on 16/10/2021 - 11:15
        +1

        Depends where you are I suppose, but councils in WA typically just say cuttings can be "returned to the neighbour's property". Most just drop them over the fence next to where they've been cut. They've already cost you time and effort (and possibly money), why assist them further by tidying their rubbish?

  • epoch on 15/10/2021 - 10:43
    +1

    Tree becoming a fire risk between properties, besides that your allowed to trim it as long as its not significant, 10% would be fine. I believe (at least in our council) your also allowed to return those trimmed parts to them :)

  • GooseLord on 15/10/2021 - 10:45
    +9

    might as well poison it if he's going to accuse you of vandalising it

  • afoveht on 15/10/2021 - 10:50
    +1

    If the tree is now mostly hanging over their side only it is possibly at risk of falling over due to being unbalanced. The next time it rains hard and the soil softens substantially it can uproot itself under the extra weight of the water on the leaves.

    Tree maintenance requires some diligence. You should probably talk with your neighbour rather than just brazenly chomp stuff down. If your neighbour's (or you're) an ar5e it's gonna be difficult either way - fostering good relations is the smart move.

    • POSITIVEVIBESONLY on 15/10/2021 - 11:02
      +2

      I've talked to them but they've refused to cut their side of the tree as they want it to hang over their yard to provide shade. However the tree is right against the side of my house and tangling with my antenna. Mainly the tree is next to their backyard but it's against my house as our house extends further down the lot.

      • meowsers on 15/10/2021 - 11:08
        -4

        Just hammer a large copper nail into the tree. It will take a little bit of time but your problem will be sorted.

        • POSITIVEVIBESONLY on 15/10/2021 - 11:10

          It's going to need a giant ass nail.

          • meowsers on 15/10/2021 - 11:12
            -4

            @POSITIVEVIBESONLY: The other option is mixing some Picloram herbicide in diesel and using a basal barking technique spraying around the base. The diesel helps the herbicide soak into the tree. It'll kill it pretty quick.

          • banana365 on 16/10/2021 - 11:16
            +3

            @POSITIVEVIBESONLY: I've looked in the ass nail section of Bunnings and they only have regular sized ones.

        • peteru on 15/10/2021 - 18:44
          +1

          When we moved into our house, there was a medium sized tree in the backyard that had about 30cm of 1" copper pipe sticking out of it's trunk. It was hammered in almost vertically, at about 20 degree angle. Not sure how deep it went. We didn't think much of it, as the pipe had a flower pot hanging off the pipe and we thought it was just installed as a hanging hook. We had no idea that this could present a problem to the health of the tree. About a year later I decided to cut the pipe off, right at the trunk, as I considered it a potential hazard when people walked past. The tree ended up dying more than ten years later and at that stage the copper pipe was completely enveloped by the tree.

          So, a copper nail in a tree may eventually cause an issue to the tree, maybe even kill it, but that's still a decade or more of having to put up with a nuisance tree. If the tree ends up being unhealthy for an extended period of time, it will also become dangerous. If that tree causes damage to the neighbour's property and the insurance assessor discovers that it was due to you interfering with the tree, you could potentially end up in some serious financial trouble.

      • redfox1200 on 15/10/2021 - 11:44
        +12

        send them a few repair bills for antenna and other parts of the property that could be damaged by the tree

  • pharkurnell on 15/10/2021 - 10:56

    Should be good neighbour relations next door to them for next 10-20yrs… wish I was in your shoes

    • POSITIVEVIBESONLY on 15/10/2021 - 11:07
      +3

      I try my best but when you have neighbours who come over and scream at you for trimming their tree it's hard not to go crazy.

      • pharkurnell on 15/10/2021 - 11:08
        +3

        Hope you threw the trimmings over their fence, thats their issue to dispose of… Well is round my way

  • Hithere on 15/10/2021 - 11:05

    Unless the tree in question is protected by your local council you are perfectly entitled to prune any branches overhanging your property.

    It's known as a right of abatement.

    Strictly speaking, you are also supposed to return all prunings back to your neighbour (neatly stacked) but it's more neighbourly to dispose of the prunings yourself.

    • pharkurnell on 15/10/2021 - 11:09

      Not if the post up above is correct

      Unfortunately for OP, in NSW there is the Trees (Disputes Between Neighbours) Act. That such a thing exists is insane, someone spent time writing rules on this shit. But it basically states an agreement needs to be reached first.

      Technically, you're meant to talk to your neighbour first to get them to agree to you cutting it back. If they refuse, it goes to the Land and Environment Court to get a ruling to cut it back. On the plus side, the neighbour who owns the tree would need to pay for it if it gets that far and there's a ruling.

      • POSITIVEVIBESONLY on 15/10/2021 - 11:31
        +1

        I see the same thing outlined in the Councils policies. I'm not sure how hard they will enforce it or fine you though. That's my main concern.

        • ProlapsedHeinous on 16/10/2021 - 15:48

          Looks like you'll need to play by the rules then and keep on their ass about getting it cut back every time. I think eventually they will either get rid of it themselves, or let you prune on your side without getting council involved again. good luck.

  • Donaldhump on 15/10/2021 - 11:06

    i'd tell your neighbour where to go.

    • pharkurnell on 15/10/2021 - 11:09

      I think he has - its the council that has a boner for him now, not the friendly neighbour

  • Archi on 15/10/2021 - 11:09
    +1

    this is the reason why people hate their neighbours… it starts off as something small

    • a tree, its leaves, a bin, a driveway, a car, a pet, children, smoking, noise,

    whether you or your neighbour starts being hostile, that is the end of living happily.

    i dont know who was first you or the neighbour, or the tree.

    yes you have every right to cut and trim the tree on your side of the fence…but i bet the tree looks absolutely hideous now.

    i would have preferred a more diplomatic approach to trimming the tree.. at least it will look nice, and you and the neighbour aren't resenting each other.

    • POSITIVEVIBESONLY on 15/10/2021 - 11:12
      +1

      I wish this was the case but I only want to trim the tree back so the branches are touching my house. On this note, neighbours has stolen my bin a couple of times but I never really cared. I just ordered a new one.

      • Archi on 15/10/2021 - 11:20
        +2

        i would say there are plenty of issues besides the tree and the bin…

        i would also say that your neighbour probably also thinks you are a tool,

        once the hostilities gets to this point there is no turning back there is no reconciling, it becomes a battle of who can hold out the longest.,

        most people are pretty good… if you are nice, approachable, and generally have a good nature..

        there will be some that are just stupid,

        i've never had a bad neighbour or been hostile to or resented any… but i would hate to live next to the old guy across the road from me because that guy just cant be reasoned with.

        so i just say hi if i have to but generally just ignore him at the best of times

        • POSITIVEVIBESONLY on 15/10/2021 - 11:25

          Generally I've tried to just stay away from them. They don't seem the type to be reasoned with.

      • popsiee on 15/10/2021 - 11:20
        +1

        Its not normal for your neighbour to steal your bin and you to pay for it .

        • Porker on 15/10/2021 - 11:26

          If it was a simple as requested Council to replace a missing bin, then all rate payers are paying for it.

          • popsiee on 15/10/2021 - 11:59

            @Porker: Depends on the Council . Where I am its only $200 + a bin .
            Besides that cost the time cost messing around with them .

            • Porker on 15/10/2021 - 12:13

              @popsiee: Ugh! Yes, that would be annoying then.

      • pharkurnell on 15/10/2021 - 12:30
        +2

        Send them a bill for the damage to your house from the branches wacking your house.

  • npc on 15/10/2021 - 11:40
    +3

    Send the invoice to your neighbor. They are responsible for trimming on your side of the fence.

  • EightImmortals on 15/10/2021 - 11:45
    +7

    Did you apply for council permission to make this post?

    That'll be another $200 pls.

  • Ehty on 15/10/2021 - 12:13

    You havent sent Positive Vibes to neighbor.

  • Drakesy on 15/10/2021 - 12:56
    +5

    Pics please for context
    Council is overstepping though.
    Open ended statements about pruning like that in their policies would not hold up at all

    Tree removal - maybe
    Tree trimming (provided the tree survives and doesn't cause damage) - tell em to get (profanity)

    having said that retention of tree cover is a real issue in this day and age with councils in my area now stipulating that each block must have a minimum tree coverage to reduce the heat island effect that is becoming a real issue in summer.

    Also saw "trimming their tree" and thought this could've gone 1 of 2 ways…
    Thankfully it was the g rated version.

  • Almost Banned on 15/10/2021 - 13:38
    +7

    Councils and State Governments have been at this for awhile.
    In the name of promoting 'Green' policies they have made it illegal for many people to cut back or down a tree that person planted on their own property.
    Not only is it a massive power overreach, it also basically means they have taken your property without compensation.
    And we just let them.

    • robertxx74 on 17/10/2021 - 00:04
      +1

      Get some people together and organise yourselves to protest this. Society does not work on written rule alone.

  • McSquintus on 15/10/2021 - 13:47
    +3

    Sigh, I hate people.

  • DashCam AKA Rolts on 15/10/2021 - 14:00
    +8

    This may be useful.

    https://www.facs.nsw.gov.au/housing/living/rights-responsibi…

    Trees with invasive roots

    The following tree species have invasive root systems that can damage sewer pipes. We will only grant approval to plant them if they are six metres or more away from a sewer, water or stormwater pipe.

    Lagerstroemia sp. Crepe Myrtle

    • POSITIVEVIBESONLY on 15/10/2021 - 20:58
      +2

      Thanks mate, this is very useful. Maybe there will be an update even.

      • surg3on on 18/10/2021 - 14:43

        Time to go nuclear!

        Side note. I had a neighbour destroy a tree (1-2 storeys high, spindly but wide thing) that was on my side of the property line that was dropping leaves on their car. I told them I wouldnt report it to council if they cleaned it all up. It wasnt worth it to me to cause issues. Funny thing was a year later I would have needed it removed anyway for access issues due to a rennovation.

  • weezlebub on 15/10/2021 - 14:01
    +1

    side note, you could try to follow up by knocking on their door and saying something like "hi there, i realise that you were upset that i trimmed the part of your tree that was over the property line. While I realise it's you're tree, it's over my side of the property and <blocking sun, causing damage, dropping leaves> so I HAD to trim it at my expense. it's going to get quite a bit bigger, so i wanted to come over and talk about possible long term solutions, so that we're all on the same page and you're happy with what i do and i'm not inconvenienced by <sun, damage, leaves> - what do you suggest is the best way of dealing with the situation?"

    If possible, do it in an email or SMS, that way you've got a paper trail to show that you're being responsible, from the sounds of your neighbor, they'll probably tell you to get stuffed, but it's good to have a record of that.

    Depending on their reaction, can you plant something that grows really quickly and is really invasive to cause the biggest possible inconvenience to them? (if their driveway is next to your garden side at the front, passionfruit, creeping ivy or even grape vines could be interesting - passionfruit are best, many people are allergic)

    • superValue on 16/10/2021 - 05:01

      Wouldn't planting a really invasive plant also be an inconvenience to OP? AKA kicking an own goal?

  • ChocStrawberries on 15/10/2021 - 16:52
    +1

    Try living in Canberra - we're not allowed to cut a leaf off a tree without a 5 year plan and a promise to hand over our first born child. We tried to have an ancient gum tree removed from our backyard since it's constantly dropping huge branches and has begun to lean - away from the house, thankfully. We thought about doing it on the sly, but the fines are too big to ignore, and I know from other people's experience that they follow through with them, so we went the proper route and submitted an application to have it removed. They came out, took photos, and gave us a "Computer says no" response. Apparently it's very healthy and we now face a $60,000+ fine if we're found to have damaged it in any way, and they can tell from satellite photos whether we've done anything to change it. We're now stuck with it until it dies….and at this rate it will likely outlive us both.

    • MeesusEff on 16/10/2021 - 01:31
      +2

      Geez they got way too much time if they are going to be checking satellite photos for a tree. Guess they gotta justify their income some way..

      • ChocStrawberries on 18/10/2021 - 10:55

        As part of their "review" they sent out an arborist to do some tests and report back to them. Apparently the tree is fine, which as you pointed out, isn't always able to be seen from the outside, but we had to go with their decision or face a massive fine.

        • [Deactivated] on 18/10/2021 - 20:43

          In a hindsight you should have poisoned it 6 months before asking for permit I suppose.

          • ChocStrawberries on 18/10/2021 - 20:52

            @[Deactivated]: Haha! We had thought about that, but the fines for that were astronomical. Really not worth the risk, unfortunately. Tree removal places won't touch trees if the customer doesn't have a permit, and we know people who have been questioned and eventually fined for removing a tree that had been picked up on a random satellite comparison check, so they do check them! Canberra is definitely the place to be if you're a tree.

  • Gnostikos on 15/10/2021 - 19:42
    +1

    Offer to trim their bush instead ( ͡° ͜ʖ ͡°)

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