On Fri, 05 Dec 2008 08:15:31 +1100, quick wrote:

No one is suggesting that you remove it yourself,although I believe that
legally you are entitled to remove what normally overhangs your fence, so
long as removal does not endanger the tree/make the situation worse.

In fact somebody was suggesting just that - I pay for removal of the tree
in my neighbour's yard.

Two different things. AFAIK, legally, you can hire a cherry picker and
trim the branches where they cross your boundary fence, in normal
conditions. so you are not allowed to waituntil more of it bends over in
a wind and then cut it off or reach over the boundary fence to trim it
iff.

Council will only allow me to prune the non-lethal 10 cm branches, not
the lethal ones.

Unless your council is a particularly strong on tree conservation, a
WRITTEN letter recounting your experiences and requesting action should
get a change in attitude.

Our local council has a tree preservation policy, but "dieseased,
termites, old, dropping limbs", etc are word that it accepts as reasons to
demolish.

I think you have missed critical points in the thread.

Maybe.

You haven't said anything about the age of the tree. As I've said, I have
a lovely very large gum tree in the back of my yard and frankly, it
****es of three neighbours, two side by side with pools and one(+?)
atross the road as leaves end up on his lawn(S)/verge.

I keep saying to the ones side by side, well what silly ******* installs a
swimming pool under a gum tree that is far older than all the houses
around.

Anyway, if it is an old gum tree, then you may just have to accept that
you have learnt something and put up with it or sell up and move.

OTOH, I suggest that you send a registered letter to council making them
aware of your concerns.

1) Put it in writing.

2) Send it registered. Councils can conveniently loose correspondence
when it suits. The purpose of registered is that you can prove you had
previously informed council of the dangers. Useful if you decide to seek
compensation from council for damage, etc.

3) and/or seek legal advice. If your neighbour isn't cooperative, then you
have to follow the alternatves. Beforehand, try to find some stuff on
dispute resolution as trees seem tobe a major neighbour dispute point.
you'll probably have to show that you have made attempts to approach your
neighbour about the matter.

If the tree fell on your house less than seven years ago() and yo paid for
repairs, then you can probably made a civil claim for damages.

However, if he claims that he can not trim it beause of council regs, then
you then need to go after council, which will cover its arse by saying "we
didn't know about the problem". Hence my suggestion of nw making them
aware in a written registered letter in case of any future problems.



Otherwise