Skip navigation

All Day Fencing - visit our websiteTree disputes and fencingAre your neighbors trees growing and reducing the amount of light entering your yard? Are the trees starting to take your view? What can you do?

Trees and their location can often cause much disagreement between neighbors. Problems such as overshadowing, privacy,  damage from roots or falling branches can cause issues between neighbors. Where both neighbors agree to retification of the problem and an agreement on costs Tree damages fencecan be reached there is no problem.

Sometimes where a tree is located on the boundary, both owners are equally responsible for the tree and any damage it may cause.

If a tree planted by your neighbor has grown and now threatens to damage property or fencing, you must write to your neighbor informing them of the situation, and request the tree be removed and replaced with a smaller more suitable tree.

Tree shadows my backyardIf your neighbors trees have grown and are now blocking or threatening your views you should first speak with your neighbors and see if you can reach an agreement on height. The plant would then be trimmed and maintained to this height by the owners of the trees. If no agreement can be reached your best action will be through your local government office.

In the event your property is shared with an owners coorporation, managing agents, apartments, villas, townhouses or commercial structures, it is best to advise the registered owners in writing, of the works or rectification work required and any costs involved. If you are not on speaking terms with your neighbor, or the home is tenanted, a well drafted letter informing them of your intentions should be sent to the owners registered address prior to any works.

If your neighbors tree branches overhang your yard you have the rights to trim the branches (at the boundary fence line). The branches belong to the owner of the tree. Place the branches in the owners yard for them to dispose of. It is advisable to speak to your neighbor first stating your intentions. Failing this you can send them a well drafted letter stating your intentions and their responsibilities.

If you have suffered property or fence damage caused from a tree, or a falling tree, a property insurance claim should be lodged by the owner of the tree. Before removing any trees always check with your local government for approval prior to any work.

To help with your negotiations we have drafted a collection of ‘Letters To Serve Your Neighbors RE: TREES’. Print the letters you require for notification, costs and works completed to avoid expensive and stressful neighbor disputes.

For more info visit www.alldayfencing.com/adfcouncil.php#trees

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: