Been away for Easter weekend, got home and neighbour (without prior warning) has cut back some branches (maybe 1m-1.5m) and some "twiggy" shrub bitsthat were growing over his side of fence (which he has the right to do although if they were a problem he should have mentioned it), he has thrown all the cuttings/branches back onto our side,some on top of husbands prized pumpkin patch, question is: is he responsible for removal of what he cuts or us. Council infor states that what grows over boundary fence is neighbours responsibility but doesn't mention removal of cuttings. Any advice! By the way, he has bits growing on our side that I have never really noticed until now but I am not going to play tit for tat!
junie2,
Apr 2, 12:05am
I'd like to know more about this too. I'm a tree hugger from way back. BUT.our neighbour's wilding lacebark is humungous and seriously shading our clothes line and garden, dropping litter, and beginning to break the fence. We have not argued or been unpleasant but he has ignored my politerequest to do anything, or to contribute to the cost of the removal of a huge branch - which will be approx $500. ( This is kosher - have had 3 quotes - it is an awkward job in a confined space.) He says we ( pensioners ) should "feel free" to take it down, but "it's not bothering him." I would very much like to toss it all back into his place!
brapbrappy,
Apr 2, 12:12am
Theoreticalyl the cutting still belong to you so he was right to give them back. Not so right was to do it in a way that damaged your property (pumpkins!).You need to take it up with him and say that if he has a problem in the future you will attend to it.
donna23,
Apr 2, 12:53am
The branches of the trees & shrubs concerned were in no way having any detrimental affect to neighbour's property, there may have been extremely minimal shading of a bit of their lawn in late evening, treeswere just growing some branches that extended over the fence-and were not by any structures/paths/clothesline, just plain old grass, not dropping any litter as they are evergreens. Can't understand some people!
murfee,
Apr 2, 1:01am
I had similar problem and phoned council who advised as previously mentioned that a neighbour can cut back to the fence line only (which I did) and that the cuttings are the neighbours responsibility to dispose of as the tree owner (I didn't - I just dumped them with my green waste) but the neighbour took 2 years to get over it! This has included ACCIDENTALLY spraying me with the hose when in the garden, having the hose 'play over the fence' when we've had friends around for a bbq - I continued to ignore and continued to be pleasant when I saw him - he seems to have got over himself BUT the council told me that if his tree was a fruit tree and I took fruit off the branches hanging over my side that could be considered stealing! Go figure!
stevee6,
Apr 2, 2:04am
Always understood that anything pruned that was from a neighbour's tree or shrub but hung over my side was to be returned to the neighbour as their property, and vice versa.
lythande1,
Apr 2, 2:24am
As he is required to by Council law.
donna23,
Apr 2, 3:11am
To throw them back where there is obviously something growing when there is 1/2 an acre of boundary fence - I think not! They are only REQUIRED by council law to give back any fruit that there may be on the branches.
donna23,
Apr 2, 3:17am
junie2 - Where the tree is damaging fences, orthe roots arecausing damage e.g. to paths or drains; the owner of tree is liable for the cost of the damage the tree causes (the repair costs) and if it is likely to be a repeating problems/nuisance the tree must be removed.(All this info from a document that contains your legal rights regarding trees, fences & your neighbours)
kenw1,
Apr 2, 3:23am
You are incorrect.
This is from a a leaflet by the law society.
Subject to these provisions, both you and your neighbours are entitled to plant and grow trees as part of your natural right of land ownership. If tree roots or branches cross or overhang the boundary, this amounts to nuisance and they may be cut or trimmed back to the boundary (but not further than that) by the owner of the adjoining land (unless the tree is protected because of historical or environmental significance). Such branches or roots or any fruit remain the property of the tree-owner, however. If roots of your neighbour??
maclad,
Apr 2, 3:24am
Don't believe evergreens do not drop litter. They are far worse than decidious trees as evergreens drop, constantly, all year round. At least decidious trees get it all over and done in a few weeks. I guess I am an over the top gardener but I keep my neighbours trees pruned back, with their knowledge, just so I get less leaves in my garden.
donna23,
Apr 2, 3:27am
kenw1 - the point being that they threw branches back where there was obviously things growing, when we share a long boundary fence and they could have been put anywhere along that boundary fence.
amasser,
Apr 2, 3:47am
You were at fault - 1/ allowing your trees to grow over his section 2/ assuming that there was no problem 3/ assuming that he would advise you first - quite possibly his view was that you are an inconsiderate neighbour and he couldn't be bothered chasing after you 4/ getting self-righteous about it - why! refer to point 1.
junie2,
Apr 2, 3:49am
Thank you everyone.
twink19,
Apr 2, 3:52am
our niebours trees hang way over the fence, drop leaves on the roof and in the spouting, I trimmed them all back to the fence line no one one complained
donna23,
Apr 2, 4:08am
I think the naysayers have missed some of the points - the neighbour also has foliage growing over to my side of the fence, which I havn't really noticed until now and also it does not incite me to chop back/down,and also that the cuttings were thrown into an area that is very obviously being used at present for growing! The actual trimming is not really the issue for me.
tigra,
Apr 2, 4:13am
Not for you but obviously for them. learn from this and move on,you are missing the point made several times.
spiritofgonzo,
Apr 2, 5:48am
whether you like it or not . whether you think that the tree was not a problem to them or not (it's not your property, so that is irrelevant), whether you have their trees hanging over your fence or not (you're well within your rights to chop any branches hanging over your fence and throw them back onto the neighbours; as long as the removal of the branches won't have a major effect on the tree - i.e. the whole trunk hangs over), they did everything legit. They probably should have talked to you first, but that's not their problem.Sorry.
eagles9999,
Apr 2, 7:10am
Well you can!
qingan,
Apr 2, 7:39am
My neighbours lawn mowing man dumps his clippings down my bank,do I complain to him or the neighbour!
spiritofgonzo,
Apr 2, 7:47am
the neighbour
mac934,
Apr 2, 8:07am
It's your tree keep it trimmed if you don't then face the consequences I can't stand people who complain when it is clearly their fault.
mansonprincess,
May 8, 1:02pm
as far as im aware he can cut and throw back, nothin you can do however I in the past have done this but consulted my neighbour first - i just think that is the polite thing to do however he has done the right thing in terms of the law
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