My neighbour, a retired lady, has a large Lemon Scented Gum that is 35 years old in her front yard. The tree is lovely (I love trees generally) but this one is huge and is on a lean of about 30 degrees and overhangs my house.
This particular type of gum drops branches to self prune regularly - one last week speared 2 feet into the ground in my garden when it fell. Had I have been gardening there I would have become a human shish kebab.
We have mentioned we would like it removed but she doesnt want to and as it is on private property the Local Council wont help.
Im worried it is going to kill one of my family and/or crush the house.
What should I do - is there any action I can take or do I have to live in its shadow???
2006-12-31 06:52:15 · 5 answers · asked by Carrie 3 in Home & Garden ➔ Other - Home & Garden
first I would find out if and why the tree is special to her.... it may be more than a general fondness for trees that prevents her from doing anything with the tree...
fo instance trees are sometimes planted in memory of someone who passed away, or on special occasions, and sometimes trees are planted to mark the spot where a favoured pet was buried.
Now if there is a sentimental reason that she does not want the tree trimmed or removed you first need to address her sentimental self and offer some kind of reassurance and support to her regarding that..
In other words be sensitive to the idea the tree may be more than just a tree to her.
it is true if it overhangs your yard you have a right to trim it back, i am not sure you have the right to charge her for the trimming though that may vary from council to council area.
it is just as true that should you trim the tree and hence cause the death of the tree she would have grounds for court action. you see you can control what happens in your yard but not what happens in hers..
if the tree leans so terribly that the bulk of the tree is over your fenceline then it would be wisest to photograph the tree and find out all you can about that type of tree from a horticulturist or nursery centre then armed with the information go and see a lawyer and ask their opinion about the issue. Many law firms in Australia offer an initial consultation of half an hour for free so go armed with lots of info and questions.
there are also often neighbourhood dispute services attached to the local court in many areas who can offer some advice and help. it is worth ringing your local court to find out if this is available in your area.
Best of luck..
2006-12-31 07:23:56 · answer #1 · answered by wollemi_pine_writer 6 · 1⤊ 0⤋
You have the right to have the tree trimmed from overhanging in your yard, and she is responsible for the cost incurred.
I would suggest you find a suitable and affordable professional tree trimmer who could do the job well without it causing unnecessary cuts to the tree. They would also be the ones who would decide on the most appropriate time to trim the branches back.
Do the best you can to encourage her that it is in the best interest of the tree to be thinned as well as in the best interest of neighborliness.
2006-12-31 07:07:37 · answer #2 · answered by thankyou "iana" 6 · 0⤊ 0⤋
You have a legal right to cut off any part of the tree that overhangs your property, but climbing up there with a chainsaw might not be such a good idea. You need to contact an attorney.
2006-12-31 07:10:33 · answer #3 · answered by Mike D. 3 · 0⤊ 0⤋
It may be on private property but if the tree is causing any kind of damage to your property she is responsible for the damage. The local council should be able to help if you can prove the damage is caused by her tree.
2006-12-31 06:57:29 · answer #4 · answered by K C 2 · 1⤊ 0⤋
If the tree has branches hanging in your yard, you can legally cut the branch hanging in your yard.
2006-12-31 07:01:39 · answer #5 · answered by Big D 2 · 0⤊ 0⤋