Browse Forums General Discussion 1 Mar 20, 2011 2:13 pm Hi, I need some advice on how to get my neighbours Jacaranda tree to be pruned back (hopefully so that it no longer hangs into my property). I have been living in my house for about 5 years. Our neighbours have a very large Jacaranda tree (~15 metres tall) planted just a couple of feet inside their side of the dividing fence, and it seems the previous owners of our house argued over that tree and there was considerable animosity between them. I am from the UK so not having grown up with them, I really had no idea how badly a Jacaranda could affect our lives. The canopy covers a significant portion of my house, when seen from Google Earth or Nearmap, we are alsways in its shade. There is rarely a week where it isn't dropping something on my roof and swimming pool. The blooms make an unsightly and dangerously slippery mess, the twigs take ages for me to sweep up and the tiny leaves are causing my roof to leak. They stick to the tiles and if I don't clean them off regularly they soak up rain water and by capilary action the rain is drawn up under the tiles and into my roofspace. I have paid for an inspection to verify this. The neighbours do not receive as much from their tree as the wind seems to blow eveything onto our house. In the past 5 years, the roots from their tree have caused a water pipe to burst, has caused subsidence to my path and cracked some of my clay drainage pipes. I have had all of this fixed at my expense. (~$4000) It's been a real nuisance but we have put up with it... until now. After some recent heavy rain I discovered that the Jacaranda leaves have collected under the rubber tubing of my pool heating system on the other side of my house causing the same reaction and water has been dripping into my garage. The pool was here when we moved in. A Jacaranda is not an Australian native though it is not on my local councils exemption list so it looks like I'd need to make a council application to get it lopped (yet another $110.... this is getting rather old now!) I know the best approach is to talk with my neighbour and that is what I will do, but I want some information on what my rights are as I have an inkling I am going to get significant resistence from them. My neighbour is a landscape gardner by profession so that may place him in an advantage over me with respect to knowledge of my rights in this case. Can I cut off anything that hangs over my fence - this would be more than the 10% allowed by local council without a develplment application? Is he obliged to pay to get the work done as it's his tree? Do I have to fund the council application? Thanks in advance. Re: Neighbours Jacaranda Tree 2Mar 20, 2011 2:25 pm sisiphus, we are on the other side of the fence, so to speak. Our neighbours have asked us to take out a peppercorn tree, which was planted right by the fence line, because the roots have gone all the way through their back yard. We're hoping to get it removed in about 6 weeks (at our expense). I hope you get a good resolution with your neighbours Our veggie bed thread: viewtopic.php?f=19&t=38476 Re: Neighbours Jacaranda Tree 3Mar 20, 2011 7:32 pm I had a slight panic attack then , as letters have just gone out to all our would be neighbours asking permisson to remove a Jacaranda tree which interferes with our build You sound like you have a good case for getting it removed , I assume you kept all documentation of the work you had to get done ? Fingers and toes crossed for you on a positive outcome . Re: Neighbours Jacaranda Tree 4Mar 20, 2011 8:41 pm I know our Council has a mediation service available for these type of situations between neighbours. Perhaps you could check out your local Council website as it should have some guidance as to dealing with trimming neighbours trees etc. If not give them a call, I am sure that they will help you. www.themaxbuild.blogspot.com forum.homeone.com.au/viewtopic.php?f=31&t=20717&start=300 www.leahspaperpassion.blogspot.com Re: Neighbours Jacaranda Tree 5Mar 21, 2011 4:07 pm themax I know our Council has a mediation service available for these type of situations between neighbours. Perhaps you could check out your local Council website as it should have some guidance as to dealing with trimming neighbours trees etc. If not give them a call, I am sure that they will help you. Thanks, our concil does have a Mediation Service too. I have discovered that I need my neighbour to apply for approval to chop down any part of the tree that hangs into my garden and over my house This is regardless of who is going to pay for it; the owner must give permission by submitting the form to council. Sounds to me like our council doesn't want to get involved in such matters. The council web site then says if this doesn't work, try the Mediation Service and if that doesn't work try legal action. We just want to be allowed to enjoy our house and our own garden without a leaking roof, constant blossoms, twigs and tiny leaves that get into everything and our sunlight being stolen from us. (They also have a long row of 3 metre high leylandi growing a metre away from our kitchen window). I know there are 2 sides to every story, but this seems inconsiderate and being as there's no law to back me, looks like we are going to have a fight on our hands. I spent 8 hours over the week end cleaning those leaves from the pool heating rubber tubes on my roof. It's not a great way to enjoy your garden. Re: Neighbours Jacaranda Tree 7Mar 21, 2011 9:02 pm Check with the council your neighbours may be liable to any damage caused by the tree. Cheers Lou http://take2-customdesigndownslope.blogspot.com 07-10-09 omg they have cut the block 14-05-10 we finally have the keys Re: Neighbours Jacaranda Tree 8Mar 26, 2011 6:51 pm There was always the option to just get it pruned and plead ignorant afterwards! Good luck either way though. Re: Neighbours Jacaranda Tree 9Mar 27, 2011 12:04 am sisiphus themax . (They also have a long row of 3 metre high leylandi growing a metre away from our kitchen window). I know there are 2 sides to every story, but this seems inconsiderate and being as there's no law to back me, looks like we are going to have a fight on our hands. I'd mostly really worried about the Leylandi - we have them here but as a boundary hedge well away from other houses etc plus we keep them well pruned - left to their own devices they become huge and will be a problem for you Hi , I'm currently going through this now within the Whitehorse council which has a similar set of restrictions. We're having to make compromises with our floor plan due… 3 30666 it depends on the natural ground level, if they excavated their boundary wall needed to be built as a retaining wall. If you filled, which sounds like the case then you… 1 7074 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 17097 |