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  1. #1
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    Default Cutting down branches that hang over our fence

    Our neighbour over the back has a huge tree and about 2/3 of the tree is growing over our side of the fence; it is the main branch. We want the cut those branches off as it attracts yucky birds like starlings and doves and they poo all over my herb and veggie garden. Also, we're getting our daughter a swing set and slide to go right near there for Christmas and I don't want to have to constantly be cleaning poo off it.

    So what would you do, would you approach the neighbour and let them know you're getting rid of the majority of their tree (forgot to mention we've lived here for 4 months and haven't met them) or just do it?

  2. #2
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    I would let the neighbours know out of curtesy. It's also a good excuse to meet them and say hi!

  3. #3
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    You've got three options..
    Be neighbourly and ask them to cut the branches back

    Cut them yourself.
    AKA 'exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line
    decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. You do not have to return anything you trim from the neighbour’s tree but you may do so'

    Or give them written notice you would Kiel the branches removed. There are rules on what the notice has to include, date time frames for removal etc.

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    I'd let them know, but you are entitled to remove anything your side so it's just out of courtesy.

  5. #5
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    Hmmm so I just thought I'd look into the legalities of this and apparently in my LCA, I have to get council approval to even prune a tree over 3m high! If it was my yard, I'd risk it but I'm scared my neighbours will dob me in :-(

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    I'd just go knock on the door and ask politely if they'd mind if we cut the tree back. Just say it's hanging over your yard and given you have a small child you'd rather it be cut back to keep her play area clean of bird poop and safe from falling branches. I would think most people would be more than happy to allow you to cut it back.

  7. #7
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    PLEASE go talk to them - sometimes things like this are not high on their priority list and they don't even realise it. My neighbour just literally did this to us and I was FUMING!!!! Not because she had a company come do it, but because she didn't bother having the common decency to come speak to me about it. I have always gone to her and advised her if we were about to do something that could potentially impact her - new puppy, new fence (never asked for a cent!) and renovations. Yet last week I just happened to look out my back yard and here is a tree lopper in MY tree, in MY backyard cutting down a heap of branches. I was soooooo mad!!! If she had just popped her head over we would have noticed it and hubby would have gotten rid of the branches immediately!
    So please, give them a heads up. Great way to meet new neighbours and if they are b!tchy about it, it is your right to cut them anyways!

    By the way...the stupid tree lopper damaged one of my orchids hanging from the tree I could fight it, but I seriously can't be bothered!

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  9. #8
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    If they are on your side of the fence then you legally can cut it down so it is in line with the fence line.

    I would let them know as a courtesy but you are well within your right to chop it down.

    Sent from my GT-I9300 using The Bub Hub mobile app


 

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