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Topic
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Our neighbour’s three large gum tree has many dead branches overhanging onto our property. We have written letters to the owners expressing our concern with safety and risk of branches falling onto our property and asked them to consider chopping them back to prevent risk to our property and human safety. The neighbours refuse to cut the tree or cut back the branches. They claim to have had “someone” inspect and the tree is not dead therefore they don’t have to take action. Two weeks ago a branch fell and smashed our roof, damaging the tiles and interior roof lining. Still the neighbours refuse to do anything about their trees.
We had to claim on our insurance at our cost. This will happen again as the tree has many large branches. What recourse do we have? Why should we keep bearing the expense of paying our excess and claiming against our policy all at our cost. Local Council have been unhelpful. We can’t afford to keep paying for tree damage caused by trees not on our property. Has anyone experienced a similar issue or any advice very welcome. Unfortunately dealing with irresponsible neighbours
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Generally speaking you are allowed to trim the branches of trees that overhang your property but there are conditions, not least that you have to pay for it. Also, if this is strata, you have to establish who owns what.
Here are some other rules, according to City of Sydney Council (but probably apply in most areas):
Rules for Pruning- Stay on your land: Do not step onto your neighbor’s property to do the work unless they give you direct permission.
- Cut only to the boundary: Stop cutting right at the property line; do not hack away parts of the tree living on your neighbor’s side.
- Do not harm the tree: If your cuts kill or poison the tree, you can be sued for property damage.
- Check local council limits: Some areas protect certain trees or require a permit for heavy pruning if the tree is in a heritage zone or of a protected species.
Also,
- Return the cuttings: Legally, the pruned branches and fruit still belong to the tree owner, so you should offer the offcuts back to your neighbor.
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Noting your insurance company has already had to pay out once, would it be worth asking them if they would provide assistance to remove a potentially costly risk? Or even what course of action they might suggest?