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....
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
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!
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.
Thanks Paul. Ill check it it out
Everything looks good with a haircut.... ɐuıɥɔ ɯoɹɟ pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐl ǝɥʇ sʇɐɥʇ
Gotta link Paul?
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
“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.
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.
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.
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
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.
Cheers - GardenGuy.
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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