Overhanging trees

[Sensible]

I remember a thread on here a while ago about overhanging trees and who's responsible for the removal,

cannot find the topic on my phone, can someone please link it to this thread or link the relevant legislation

[Ash]

I found this http://www.legalaid.wa.gov.au/InformationAboutTheLaw/Homes/neighbours/Pages/Dividingfences.aspx

But i looks like you will also need to check with your local council

[Sensible]

Cheers Ash

Exactly what I was looking for

[Bomber]

For the City of Swan, as pointed out in that link, overhanging branches/fruit/roots etc belong to the neighbour. It is essentially theft to cut them off without permission. As advised in the link, talk to them and hopefully you can come to an amicable agreement. We have two neighbours with overhanging branches and consequently a butt tonne of leaves and debris we are forced to clean up if we want to keep our place well maintained. A simple conversation with them both saw them each paying for a monthly green waste bag collection (~$40/mth) and we do all the labour including using ladders etc to get the upper branches. This time of year we easily fill a bag in a week and the rest we put in the normal rubbish collection if required


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[South]

I'm in city of swan, and this long weekend I cut down half my neighbours pain in the arse palm tree.
Cut it all up and chucked it in my bin.

Bugger the politics, get in there, chop down the overhang and dispose of it :)

[Byah!]

neighbor is responsible for cutting down any overhangs?

This is becoming an issue at my place, leaves etc are getting in the gutters. Will have to ask them about it on the weekend.

[Ash]

neighbor is responsible for cutting down any overhangs?

I cant see anything in the legislation that says its the neighbors responsibility, it says you can cut over hanging branches down but then ask there permission to throw it or just chuck it back on there side without causing damage.

From the legal aid website:.....

What can I do about my neighbour's overhanging branches and/or invading tree roots?

If you have a problem with overhanging branches or invading tree roots talk to your neighbour and try to resolve the complaint first.
Can I cut down an overhanging branch or a tree root that has come on to my property?

If a branch or root comes onto your side of the fence, you are allowed to:

Cut off the branch to the point it overhangs your property.
Dig up the root and remove it up to the boundary or fence line of your land.

You must:

not cut the branch or dig up the root on your neighbour's side or enter your neighbour's property without their agreement
not poison the neighbour's tree or any roots that are on your property
take care not to cause unnecessary damage to the tree

Do I have to let my neighbour know?

You do not have to let your neighbour know you intend to cut things back from your property, but it is a good idea to let them know there is a problem and what you are going to do.
Do I need any one else's permission?

Some local governments have tree preservation orders in place. These orders may prohibit the pruning and removal of specified trees. Check with your local government.
What should I do with the cuttings?

What can I do about my neighbour's overhanging branches and/or invading tree roots?

If you have a problem with overhanging branches or invading tree roots talk to your neighbour and try to resolve the complaint first.
Can I cut down an overhanging branch or a tree root that has come on to my property?

If a branch or root comes onto your side of the fence, you are allowed to:

Cut off the branch to the point it overhangs your property.
Dig up the root and remove it up to the boundary or fence line of your land.

You must:

not cut the branch or dig up the root on your neighbour's side or enter your neighbour's property without their agreement
not poison the neighbour's tree or any roots that are on your property
take care not to cause unnecessary damage to the tree

Do I have to let my neighbour know?

You do not have to let your neighbour know you intend to cut things back from your property, but it is a good idea to let them know there is a problem and what you are going to do.
Do I need any one else's permission?

Some local governments have tree preservation orders in place. These orders may prohibit the pruning and removal of specified trees. Check with your local government.
What should I do with the cuttings?

Any root, branch, flower or fruit growing on a branch that you cut back still belongs to the tree's owner and should be returned to your neighbour. With the owner's permission, you could throw it out.

Be careful about how they are returned. You are responsible for any damage or littering that might happen. It is sensible to let your neighbour know what you are going to do.

[Byah!]

hmmm ok will have to talk to neighbour about it....

[Sack]

Cut down anything over your side and take it back to them, it's their tree and they need to maintain it and dispose of any off cuts.
Went through this with state housing in City of Swan, although I just threw the bougainvillea back over to piss them off!

[S85FI]

The only thing you can't do is keep the fruit of fruit trees etc.

Did a development once that involved a plumb tree. Neighbours tried to stop me developing and used the "preservation of a plum tree" as a reason to stop it.

A few weeks later in court. 2.5k plums and never tasted one.

In short I could trim anything over my side except keep the fruit.

The roots I could do what ever i wanted on my side.

So i became a pingpingpingping. Got an excavator and dug my side up. Cut as much as possible off the root system. Left hole exposed so it dried out.

Told the neighbor it will cost a few k to cover it up.....

Fuck you pingpingpingping. My land. My doing.

[TJ]

Go have a chat before you and your neighbours hate each other over some branches?

[shifted]

I would have just kept the plum tree.

Our neighbours fruit trees go over the fence - we couldn't care less, couple of lemons every now and then we pick off - happy days. We have a lime tree, mango and pawpaw near the fence line - if they want the fruit they can have it, if they ask we will trim it.

Don't see how its so hard to just be normal (ie. civil)?

People being difficult for the sake of being difficult is retarded.

[Byah!]

Yeah but you would be surprised how difficult neighbours can be at times....have had a few minor disputes over seemingly common sense issues that have baffled me....

ure right tho, always best to start with friendly dialogue.

[Sensible]

Go have a chat before you and your neighbours hate each other over some branches?

Its nothing like that, place next door just got sold and I didn't want it to be the new owners problem as the previous owner was a pingpingpingping about it

[DISTRBD]

FIRE ...

[S85FI]

FIRE ...
With fire.

[dmwill]

Bump.

Any tree lopping hookups?

Have a large tree on the neighbours side (right against the fence) which has a fair few over hanging branches over my courtyard and garage.

Confined area to work in (~25sqm courtyard with only access via a single door at rear of garage). Could probably park cherry picker on driveway and work over the garage if needed.