Browse Forums General Discussion 1 Sep 05, 2010 9:26 pm Hi there, We're in Brisbane and will be looking at putting in a new fence to replace once that would be approx. 30 years old and looking really tired. Our neighbours are all elderly and we guess they wouldnt have the money to pay for a new fence so we're happy to pay for the entire fence on both sides. The problem is that on one side of the property the neighbour has some trees that have grown onto our side and essentially pushed through the existing fence. One of the trees is a 10m+ high Chinese Elm and the old existing steel fence is actually growing into the trunk of the tree. Those trees are notoriously terrible and would likely be the reason that our sewer line had to be redone recently at a cost of $3000 to us, and I'm assuming that this tree would be causing damage to the council mains too as the trunk would be less than 3 metres from the main line. We have substanatial roots growing onto our property from the tree and if we were to fence past the tree, then the fence would have to 'cut in' 30cm on our side of the boundary and have a gap left at the bottom of the fence for the roots. Anyone know what we can do.. can we demand that they cut the trees down ? BTW we will be asking the neighbour but this is an old person who has lived in the street for 50 years and think they have some right to rule what happens up and down the street. I know they will say no because they're happy with the old fence and the tree doesnt bother them Re: Trees obstructing new fence - What are my rights ? 2Sep 06, 2010 8:42 am I would go and have a friendly chat with them. Eplain you are replacing the fence and legally they are liable forhalf the cost. Then explain you are (very generously) prepared to pay their part of the fence cost if you allow them to remove the tree. You could also suggest that the roots are causing problems with the water and sewerage, and that relevant authorities have hinted that some cost of repair may be theirs (or insurance companies) as is being caused by their tree, and being caring neighbours you would really love to avoid such issues. Hopefully the thought of saving all that money will convince them If that fails then your net step would probably be to counsult with the council and a solicitor (who knows about land issues) to find out what your rights are. Re: Trees obstructing new fence - What are my rights ? 3Sep 06, 2010 2:46 pm If the tree is growing onto your property you have the right to remove the growth that is on your side of the boundary. Generally if a neighbour tree is causing damage to your property, your neighbour is liable for the damage, including damage from roots etc. so you would be in a good position to ask for the tree to be removed. I would explain the damage the tree is causing on your side and hope they are reasonable but you would have good cause to hold them financially responsible for the damage it's causing if you had to use that as stick to get it removed. The only thing to add to these comments is that where possible it's always good to try and work with people than just say "no" because you can. Having someone… 4 17155 A survey must’ve completed by a certified surveyor. This form part of every DA requirement 3 223639 Building Standards; Getting It Right! Hi everyone, My lot has just been titled and during the settlement we found that the rear pegs were not visible. We requested for a re-establishment and pegging plan… 0 18942 |