Krispy54 said...nick0 said...
if on ur property its ur decision weither to remove or not but it is also ur ass is it comes down .. often works to get your neightbour to pay half half .. mabey a decent prune would keep them happy
Spot on. They can also legally prune all overhang on their property as Zuke said.
I'd have a chat and it may keep them happy if a prune is suggested.
You get to keep the trees and they don't have as much fall out.
Which shows just why it is important to ask your local council, as often people don't really know, and it seems to vary between locations.
My local council, for instance, has a tree preservation order for almost all trees, so even if you want to cut down your own tree, the council has to agree. You can cut down fruit trees and noxious weeds, but not much else.
If a neighbour wants you to cut down your tree, you the owner has to agree, and the council as well. If they cut it, whether overhanging their property not, they may get a huge fine. If you cut it down, and the council doesn't like it, you too can get a huge fine.
Anyway, that's my council. Yours, no doubt, will be different.
I had to get two dead gum trees cut down as I was worried they would fall on someone. I still had to get council to give permission and they had to inspect them.
Unfortunately a perfectly healthy gum tree then decided to fall on a neighbours villa, and smashed the fence and a dozen or so tiles on their roof. It was a big tree too.
Surprisingly for me, it turns out when a healthy tree falls over like that and causes damage, it is an act of God. Which means I am not responsible or liable for it. Despite me being happy to claim it on insurance, my insurance company wouldn't do anything, as legally I am not, and therefore they are not, liable. The neighbour's insurance company covered the cost of their own damage with not a single word of complaint.
Practically though, if they are not noticably unhealthy, then I think you are okay, but it is always worthwhile to ask your council and your insurance company.
