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Thread: neighbour's tree falls down

  1. #1
    Senior Member imoww's Avatar
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    Default neighbour's tree falls down

    If a neighbour's tree falls down and lands up in your yard. It's the neighbour's responsibly isnt it?
    One of my clients has this issue and has been told she has to go half in getting it removed....
    Everything looks good with a haircut.... ɐuıɥɔ ɯoɹɟ pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐl ǝɥʇ sʇɐɥʇ

  2. #2
    Member Of Forum cylo's Avatar
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    Default Re: neighbour's tree falls down

    I would say the neighbour is responsible 100%

    morally & legally

    This reminds me, a huge gumtree, that appeared to be healthy has come down on a clients property. Ill be cutting it up when I get time, big trunk!

  3. #3
    Senior Member PaulG's Avatar
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    Default Re: neighbour's tree falls down

    Don't know about NSW but in Queensland if a neighbour's tree, or part of, falls into your yard you are responsible for removing it. Stupid rule but that's how it is. Had a job just like this with the storms in January this year.

    There's a detailed thread about this on the Treeworld forum.

  4. #4
    Senior Member imoww's Avatar
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    Default Re: neighbour's tree falls down

    Thanks Paul. Ill check it it out
    Everything looks good with a haircut.... ɐuıɥɔ ɯoɹɟ pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐl ǝɥʇ sʇɐɥʇ

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    Member Mick's Avatar
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    Default Re: neighbour's tree falls down

    Gotta link Paul?

  6. #6
    Member of forum Woodchip's Avatar
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    Default Re: neighbour's tree falls down

    Quote Originally Posted by cylo View Post
    I would say the neighbour is responsible 100%

    morally & legally
    I actually also thought this to be the case, but it seems not.

    If next doors tree falls into your yard....you pay for the portion that is on your side of the fenceline.

    Here is the treeworld thread mentioned above:
    V
    http://www.treeworld.info/f2/tree-fa...urs-29447.html

    cheers
    Cert' II & Cert' III Arboriculture
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    www.bluewatermaintenance.com.au

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    Translawner administrator's Avatar
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    Default Re: neighbour's tree falls down

    “Next door’s tree falls on my property of it’s own accord. Who pays for the damage to my property? Is there a case against the tree’s owner for not maintaining the tree?”



    I checked with our claims manager, who advised that in this scenario, you would have to be able to prove that the tree owner has been negligent in not maintaining the tree. This is usually very hard to do, as you would need previous written letters to the tree owner advising your concern that the tree is not safe, as well as a written report from an independent assessing arborist that the tree is not safe (before the tree falls). If you presented this information to the tree owner and they still did not perform any maintenance on the tree, there could be case against the tree owner for being negligent.



    Without all this information, it is likely that the claim would go as impact damage on your property insurance and you would pay an excess with no responsible third party to recover from.

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  8. #8
    Senior Member happymowin's Avatar
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    Default Re: neighbour's tree falls down

    lol, not that this answers your question exactly, but it IS info:


    i was told that in queensland, the law used to be if a neighbours branches grow onto your side, you could cut them off and toss them over the fence.

    then about 12 months ago someone told me they had changed it to where now, IF you get a written quote from someone, (doesnt have to be an arborist, any joe schmo) and its OVER $300, you can ask the neighbour to get the work done. Should he NOT have it done, you may get the work done yourself, and if he wont pay the bill, you may take him to smal claims court to have him pay it.

    an old lady i mow for went thru the process, and spoke to legal aid about it - they advised her it was not worth persuing, that paying the bill herself would be cheaper.


  9. #9
    Member Of Forum cylo's Avatar
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    Default Re: neighbour's tree falls down

    Quote Originally Posted by Woodchip View Post
    I actually also thought this to be the case, but it seems not.

    If next doors tree falls into your yard....you pay for the portion that is on your side of the fenceline.

    Here is the treeworld thread mentioned above:
    V
    http://www.treeworld.info/f2/tree-fa...urs-29447.html

    cheers
    Its an interesting topic. Looks as though legally its look upon as an act of god, providing the tree was healthy. That makes good sense I suppose!

    The situation would vary, I think in most cases a home owner should gauge the possible damage a tree would cause if it fell down, then decide whether to do something about it or take the risk that if it falls they would then be responsible. thats just another outlook on it. But the law has already decided! act of god, sounds good to me.

  10. #10
    Senior Member imoww's Avatar
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    Default Re: neighbour's tree falls down

    So if i was an Asshloe, i could think... If my big tree in my yard falls into next door's yard. I dont have to worry about it.....
    Everything looks good with a haircut.... ɐuıɥɔ ɯoɹɟ pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐl ǝɥʇ sʇɐɥʇ

  11. #11

    Default Re: neighbour's tree falls down

    Quote Originally Posted by cylo View Post
    Its an interesting topic. Looks as though legally its look upon as an act of god, providing the tree was healthy. That makes good sense I suppose!

    The situation would vary, I think in most cases a home owner should gauge the possible damage a tree would cause if it fell down, then decide whether to do something about it or take the risk that if it falls they would then be responsible. thats just another outlook on it. But the law has already decided! act of god, sounds good to me.
    Yep but 1 act of god would be followed by another act of god i reckon

  12. #12
    Member Of Forum cylo's Avatar
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    Default Re: neighbour's tree falls down

    Quote Originally Posted by imoww View Post
    So if i was an Asshloe, i could think... If my big tree in my yard falls into next door's yard. I dont have to worry about it.....
    seems that way eh not the way I was brought up tho

  13. #13
    Member Of Forum cylo's Avatar
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    Default Re: neighbour's tree falls down

    Quote Originally Posted by South East Mowing View Post
    Yep but 1 act of god would be followed by another act of god i reckon
    hahaha

  14. #14
    Senior Member GardenGuy's Avatar
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    Default Re: neighbour's tree falls down

    If it's a big fall, it's time to call one's insurer. They have lawyers who are well skilled at arguing among themselves.

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  15. #15
    Senior Member imoww's Avatar
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    Default Re: neighbour's tree falls down

    Well guys, the client and neighbour still can't find out who
    Pays. They are waiting for the council"s replay.
    Good knows.
    Everything looks good with a haircut.... ɐuıɥɔ ɯoɹɟ pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐl ǝɥʇ sʇɐɥʇ

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