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Asher
1st December 2017, 13:19
There is a huge gum tree on our property boundary but on the neighbors side. It's constantly dropping leaves, seeds and branches on my driveway, roof and car.
As annoying as this is I'm more worried about a large branch coming through the roof or the tree crushing the house. Another neighbors has mentioned concern of this too.
The previous owners who built it said they asked the neighbor if they could cut down the tree at their cost but the neighbor wanted to keep It, even though she doesn't live there.
Anyone had any success getting the council to force a neighbor to cut down a tree?333594

T.W.R
1st December 2017, 13:30
C.C.C regulations for trees on boundaries are probably the same as Ashburton
And if so if the tree is encroaching into your property you are fully entitled to cut the tree right back to the boundary line without consent from the neighbour.
Only a matter of months back had to deal with the same thing with 6 Macrocarpa trees along one of boundary fences on the south end of my property.
Cut it now and if there's any decent sized wood split it and make some coin for next winter's firewood rush.

Have a browse around in the C.C.C regulations for the rules & regulations regarding trees & boundaries :niceone:

Crasherfromwayback
1st December 2017, 13:42
Drill some decent sized holes in the trunk and fill 'em with diesel. It's only a fucking gum tree.

MD
1st December 2017, 13:44
Shikes! That's a big tree and I see why you want it gone. Normally I'd say what TWR said, cut it back yourself to the fence line but that's way to high to get at from your side of the boundary, without spending a small fortune on a crane.

I had issues with an absent neighbour's tree dropping it's pollen seeds into the pool. So since they live overseas 9 out of 12 months I jumped the fence and cut back the offending branches. Was quite noticeable though. Funny thing when they returned they got in Pros to prune it back anyway and they made a hack of the job.

Honest Andy
1st December 2017, 14:00
I remember reading David Lange's autobiography and he said that back when he was a young keen lawyer, full of knowledge but little wisdom he advised a client with similar issues. His advice to his client was that he was allowed to cut off any parts of the tree that crossed his boundary. But to avoid being accused of theft he should return all trimmings!
Lange conceded that with the wisdom of years it probably wasn't the best advice for long term neighbourly relations...

Honest Andy
1st December 2017, 14:05
Oh and talk to an arbourist. Preferably one that does a bit of work for the council from time to time. Get them to do a report saying the tree is dangerous and use that to force the owner to deal with it.
It'll cost though, probably courts and all that shit. Might be cheaper to ring the owner every day until they give in...

Honest Andy
1st December 2017, 14:07
(if you cut off all the branches on your side of the boundary then if it falls down it's much more likely to go the other way too)

Honest Andy
1st December 2017, 14:09
Phew sorry that was a bit loquacious... must be this beer I'm drinking... better have another... :apint:

gsxr
1st December 2017, 15:11
Drill some decent sized holes in the trunk and fill 'em with diesel. It's only a fucking gum tree.

It takes more than one treatment of diesel to kill a tree especially one that size and the OP wont have access to the truck. The neighbour will also see the big arse hole drilled in the trunk.
dig a hole in the garden strip and find a large root Drill a big hole in the root.Insert a length of pvc pipe with a funnel in the top and fill with diesel . That will give the tree a continuous supply to feed on.
Unfortunately that will give you a copious supply of leaves in the short term but sorts the problem forever.
Dont ask me how I know it works

FJRider
1st December 2017, 15:34
Nail a "Free Firewood, cut off all you want" sign on it (in the darkest part of the night) and let the problem remove itself ...

Don't ask me how I know this can work ....


Quite a few copper nails might kill it ..

Honest Andy
1st December 2017, 15:58
P.s. don't kill the tree. One the most difficult and dangerous jobs an arbourist can ever do is a controlled removal of a dead tree.

Akzle
1st December 2017, 19:48
And if so if the tree is encroaching into your property you are fully entitled to cut the tree right back to the boundary line without consent from the neighbour.

this. job done.

k-booms etc are cheap enough to hire. or an arborist with a sweet truck.

gsxr
1st December 2017, 20:48
I must fess up that I on one occasion was an annoying neighbour.
I had a huge silver birch tree set back from the boundary of a neighbour and very little of it encroached on his property. I liked my tree as it provided a good canopy to shade under for bbqs and imbibing on hot summer days. It also provided great protection for the strong norwesters. The neighbour was an arrogant NZ born Indian. He approached me several times in an unpleasant way to cut the tree down as it was shading his washing line and his washing never dried . I politely told him to move your fucking washing line.After several more approaches in the same vane he said if you cut the tree to half its height and just drop it over my fence Ill take it all away.One Saturday afternoon while he was at golf I fired up my chainsaw climbed the tree and took what looked like 30 ft of the top trunk branches and all and dropped it over his side of the boundary. It was somewhat more than the 30 ft I had estimated. It dropped on his garage roof and extended down his driveway taking out his washhing line on its way.It completely blocked access to his back door . Fuck did he get upset when he got home. Took him several weeks to clear it all away cos he was too tight to pay someone to cut it up and take it away.He installed his new clothesline in a different spot. He never bothered me again

russd7
1st December 2017, 20:54
cant see a problem, looks to me like its already lying down, typical bloody aussie.
looks a big job, might have to get a bloke in

GazzaH
2nd December 2017, 18:01
Mate, yer dreamin

oldrider
2nd December 2017, 19:06
Aussies! :facepalm:

Asher
3rd December 2017, 09:02
Well I'm not going to kill it, that just increases the chance of it coming down in the next big winds. Nor am I keen to trim it back to our boundary, the big lower limbs have ready been cut when they built the place, to get the higher limbs you would need to go up to 40-60m.
I'm not that keen on paying an aborist because the neighbors can't sort their own shit, not sure how much it would cost to bring the tree down but it money I don't really have.
That's why I'm thinking on getting the council to label it as a nuisance tree and making the neighbor pay for it's removal.

Grumph
3rd December 2017, 12:10
Well, funnily enough, I'm a neighbour with annoying trees. I doubt I'm Asher's one though...

We have a large gum on our eastern boundary - hence a possible danger in Nor-west gales to the neighbour.
It's in the lee of the 2 storey house though so not too bad - and we had it professionally topped about 8 years back.
The house in it's shade has changed hands twice in that period - and no-one's complained about the tree yet.

I can recommend an arborist whose fees are very reasonable...

pritch
3rd December 2017, 15:58
I too am one of those annoying bastards. Since the tree is what used to be called a protected tree, now a notable tree I think - it's listed on the district plan - tough shit with getting it whacked back.

A young bloke next door built a house almost under it a coupla years back, he has made several complaints to the council about the tree since. After the last time I ran out of sympathy, their comments indicate that the Council staff may have run out too.

On really hot days (should we be so lucky), under the tree, by the river, with something cold and wet is a great place to be. If you can't be on the bike of course...

HEsch
4th December 2017, 11:26
Our neighbours presented us with a quote for many thousands of dollars to take out some very large trees we liked, and they didn't. The trees leaned our way, not theirs, and when they fell they fell onto our driveway, not their potential lifestyle block sections. We declined. Neighbours were told they could remove branches on their side and return the wood to us - which they did - years of firewood, thankyouverymuch - then they moved on to other property developments.

Several years later we had 3 of the buggers fall in short succession (one fell, the second died and leaned on the third, bringing the pair of them down about a week before the arborists were due to arrive to deal with them). Big mess, damaged a shed. Guess what, we dealt with them. We have earmarked a couple of now-dead ones for removal before they fall as well.

If you don't want to pay for the bit overhanging your boundary to be cut, you are likely SOL.

Banditbandit
4th December 2017, 14:32
Well I'm not going to kill it, that just increases the chance of it coming down in the next big winds. Nor am I keen to trim it back to our boundary, the big lower limbs have ready been cut when they built the place, to get the higher limbs you would need to go up to 40-60m.
I'm not that keen on paying an aborist because the neighbors can't sort their own shit, not sure how much it would cost to bring the tree down but it money I don't really have.
That's why I'm thinking on getting the council to label it as a nuisance tree and making the neighbor pay for it's removal.

Just talk to her - if she doesn't live there, how long has it been since she saw it?

GazzaH
5th December 2017, 18:12
More information might help, aside from the photo. Maybe a friend with a drone can make a little video demonstrating the issue?

Statistics improve your case too. How high is it? Is it fully grown or still growin? How much (what %) protrudes over your property? How far does it protrude? Roughly how much weight is that? And at that height, how much potential energy (equivalent to how many elephants falling so many meters, or whatever)? What direction is the prevailing wind? What are the average and exceptional wind speeds in that area? Are the roots unstabilising your walls, draining water out of your property?

What does your house insurer have to say about it? Are you fully covered?

Assembling that little lot tells your neighbour you are serious about getting this sorted .... and if you then decide to take it to the council or courts, that's the sort of info that you'd need to provide anyway, I guess (IANAL).

An 'official report' from an arborist (an independent specialist or a council-retained one) would be the icing on the cake, if it came to that ... and they might just provide one at cost (or free!) if they are determined and destined to get the business.

Grumph
5th December 2017, 19:30
ChCh used to have two arborists on the payroll - both motorcyclists surprisingly....Both now gone. Pretty sure it's everything out to tender now.

Oakie
6th December 2017, 19:32
Drill some decent sized holes in the trunk and fill 'em with diesel. It's only a fucking gum tree.

swap out diesel for 'Woodie' and wait a year.

T.W.R
6th December 2017, 19:38
swap out diesel for 'Woodie' and wait a year.

Deep bored holes and Calcium Carbide ;) bore the hole fill with Carbide and then let nature do the rest :whistle: