Trees can be beautiful additions to almost any property, but unfortunately, they can also cause significant damage to buildings as well as paving and fencing. Also, it creates tree disputes between neighbours. Here are some solutions for common problems caused by trees.
Are Tree Roots or Overhanging Branches Damaging Your Fence?
It’s lovely to look out over trees in your garden or outside your window, but sometimes trees cause problems on your property, and it can be hard to know what to do. Here are some common tree problems and general advice on what to do about them. As the laws governing trees vary from state to state, always check your local state legislation before you take any action relating to trees.
There’s a tree on my property blocking my view. Can I prune it or remove it?
If there’s a tree on your property that you want to remove or prune back heavily, check with your local council to see if it is protected or covered with an environmental overlay. If it isn’t protected, then in most states you can remove the tree as it’s on your property.
There’s a tree right outside my property that’s blocking my view. Can I prune or remove it?
If there’s a tree outside your property that you wish to prune or remove, then you need to consult the owner of the tree.
If the council owns the tree
If the council owns the tree, they will first check whether the tree is protected and will then consider the impact on the neighbourhood of the tree’s removal. Approval for the removal of the tree is entirely up to your council, however, you will have a stronger case if you can show that the tree is interfering with your daily life and causing a nuisance, than if it’s simply blocking your view.
If your neighbour owns the tree
If your neighbour owns the tree, the first step is to consult your neighbour and ask if they have any objections to removing or pruning the tree. However, you still need to check with the council if the tree is protected. If it is protected, then regardless of whether you and your neighbour agree that the tree should be taken out, you won’t be able to remove the tree.
Common Tree Disputes Between Neighbour’s
My neighbour’s tree is overhanging my property and dropping leaves all the time, what can I do?
Can I ask my neighbours to remove the tree?
If your neighbour’s tree is overhanging your property, you can ask them to remove the tree. However, it’s at your neighbour’s discretion and subject to any protection laws for that particular tree. If you can’t reach an agreement with your neighbour, you can’t force your neighbour to remove the tree without taking the issue to court.
Can I prune the tree back myself?
In most states, you can prune back the branches of a tree overhanging your property unless the tree is protected or subject to an environmental overlay, so check with your council. If the tree is protected, then you will need a permit to cut it back. Any costs incurred in pruning the tree are yours, however, you need to return the cut branches and leaves to your neighbour unless you have agreed otherwise.
My neighbour’s tree is blocking sunlight to my property and degrading our quality of life. Can I ask them to remove the tree?
Talk to your neighbour and see if you can reach an agreement about the tree. If you can’t reach an agreement with your neighbour, seek legal advice before taking any action. In most states, the next step will be to bring about an act of ‘private nuisance’ which means alleging that someone else’s actions are having a detrimental effect on your use and enjoyment of the property. This entails going to court, so it’s best to try to reach an agreement with your neighbour if you can. If it does end up in court, you will need to show that the tree is causing a significant and unreasonable nuisance.
One of the considerations that the court will consider is whether the tree was there (and causing the same ‘issue’) when you purchased the property, so if you’re considering buying a property and it’s affected by light issues from a neighbouring tree, be aware that it could be difficult to address this issue post purchase unless you can reach an agreement with your neighbour.
My neighbour’s tree is overhanging my fence and damaging it. What rights do I have and what can I do about it?
Talk to your neighbours to see if you can reach an agreement about removing the limbs of the tree that are causing the issue, or perhaps removing the tree altogether. It’s helpful to take along evidence of the damage that has been caused by the tree so that your neighbour has the
full picture. If you can’t reach an agreement with your neighbour, then you will need to take court action.
My fence is being damaged by tree roots. What can I do about this?
If your fence is being damaged by tree roots then something must change – and it’s either that the fence is moved or changed, or the tree is removed.
If the tree that is causing the issue is protected or covered by an environmental overlay, then you will need a permit from the council to remove the tree. You may need to submit evidence of the damage caused, so be prepared with photographs of the damage, and an arborist’s report if you think it would be helpful, along with a quote for the repairs to the fence.
If you own the tree, and you don’t need a permit, then you can remove the tree and get the fence repaired.
Sometimes, you may need to install a new fence around a protected tree adapting the fence design to be above ground so that it doesn’t get affected by roots or putting a decorative box around the tree so that it doesn’t damage the fence.
If you’ve got any tree issues that are causing you fencing problems, talk to Jim’s Fencing. Jim’s Fencing is the largest fencing contractor in Australia and will provide a free quote for their services, phone 13 15 46 for more information.