Thread: neighbours tree!!

Don't forget to take some pictures of the damage to the fence and the trees proximity. If the tree is trimmed there may be no proof that the tree did the damage so you will be 50% liable for the repair or replacement of the fence. There is no chance that you would have to cover 50% of the cost of a brick wall. I think the cost of the standard paling fence is the benchmark if that's what is used in your area so if he does want to put up a brick wall you would only need to contribute 50% of the cost of a paling fence.

---- Getting legal advice may cost more than getting in a pro to trim the tree.

---- Let your neighbour know that if you trim one side of the tree (as is your right) it may become unstable and his property could end up being damaged.

---- Don't forget that the tree belongs to him so if you lop branches or pick up the leaves from the tree you are legally required to return them to the owner.

---- Get an arborist to trim the tree and make sure they are qualified and insured.

---- Get a quote for gutter guard installation and consider presenting the bill to your neighbour.

---- His leaves in your gutter present a very real fire threat. Make sure he is aware of this fact.

---- Make sure you brush up on the Small Claims Tribunal and the Land and Environment Court because that's where you and your neighbour may end up if you can't resolve this.
http://www.complaintline.com.au/cons...l#anchor227948
http://www.lawlink.nsw.gov.au/lec/lec.nsf/pages/index

Ryan,
one point to consider, if the ground on your side of the fence has built up over time due to the fence being there, ie: stuff has washed up behind the fence and the ground level has risen, you may have to foot part of the cost of a brick or similar retaining wall. , By law you must ensure that no stormawater from your property finds its way onto his (and vice versa).

Mick, who has excellent, approachable neighbours