Legal Question .
+5
2wheelsagain
b12mick
reddog
grumpy60
gus
9 posters
Page 1 of 1
Legal Question .
You happened to live in a house take was getting covered in pine needles ,creating a fire hazard . Does the owner of the property on
which the trees are growing have any responsibility to keep them under control .
1-If the trees are growing over your fence and falling onto your roof.
2-The trees are not growing over the fence ,but the wind blows them onto your roof .
which the trees are growing have any responsibility to keep them under control .
1-If the trees are growing over your fence and falling onto your roof.
2-The trees are not growing over the fence ,but the wind blows them onto your roof .
gus- Posts : 6176
Join date : 2010-11-23
Age : 73
Location : Cygnet ,Tasmania
Re: Legal Question .
check with your local CPS officer at the Court house.......these blokes know the law pretty well and could tell you if it's worth pursuing...............Grumpy
grumpy60- Posts : 317
Join date : 2010-12-29
Age : 75
Location : South Coast NSW
Re: Legal Question .
Set pines on fire... end of problem with pine needles
reddog- Posts : 2523
Join date : 2010-09-27
Age : 46
Location : Allanson WA
Re: Legal Question .
Thats kind of what i DID ,i thought i had permission , and still do .But now i find out i could be in trouble .Trying to work out how i stand .
gus- Posts : 6176
Join date : 2010-11-23
Age : 73
Location : Cygnet ,Tasmania
Re: Legal Question .
My understanding is that if part of a plant is on your side of the property line you are permitted to trim it back, as far as the property line.
But check with the courts or you local council.
But check with the courts or you local council.
b12mick- Posts : 908
Join date : 2009-10-08
Age : 59
Location : Wagga
Re: Legal Question .
But if it just happens to die or catches fire by an act of god or gets blown over then nobody can be at fault/blamed surely
reddog- Posts : 2523
Join date : 2010-09-27
Age : 46
Location : Allanson WA
Re: Legal Question .
This is where it gets tricky .I dont really mind the trees but today i got up on the roof and there was 100 mm thick of pine needles which had
come from the neighbors property around the smoking chimney .I really dont want to die by burns late at night .
I got permission from a lady who owns the property to cut some trees down ,which i did.2 weeks later (i think )her x- husband turns up ,not happy with me .
She was nice so i dont want to get her into trouble but he is making a big noise about it .She told me there was no husband to ask so
i'm a bit confused .I carnt put them back in the ground can i .I'm hoping it will blow over (sorry about the pun )
come from the neighbors property around the smoking chimney .I really dont want to die by burns late at night .
I got permission from a lady who owns the property to cut some trees down ,which i did.2 weeks later (i think )her x- husband turns up ,not happy with me .
She was nice so i dont want to get her into trouble but he is making a big noise about it .She told me there was no husband to ask so
i'm a bit confused .I carnt put them back in the ground can i .I'm hoping it will blow over (sorry about the pun )
gus- Posts : 6176
Join date : 2010-11-23
Age : 73
Location : Cygnet ,Tasmania
Re: Legal Question .
I think it would be a fairly safe assumption that most people who are successful in court didn't get their legal advice from a motorcycle forum.
Just sayin
Just sayin
Fossil- Posts : 211
Join date : 2011-01-11
Location : Lithgow NSW
Re: Legal Question .
Probably not. But you never know if there is a lawyer amoungst us .Like Ewok knows all about alien life forms and how to get a spaceship to
saturn and back .I'm just asking about a tree.(or two,or three )
saturn and back .I'm just asking about a tree.(or two,or three )
gus- Posts : 6176
Join date : 2010-11-23
Age : 73
Location : Cygnet ,Tasmania
Re: Legal Question .
excellent point Fossil.
Dekenai- Posts : 797
Join date : 2009-09-02
Location : Tuggers, ACT
Re: Legal Question .
awww come on Fossil..thats not fair..........all types of good advice here..legal,medical,marriage,financial,love life, even some on motorbikes Gus more good advice....cordless drill small hole fill with roundup end of problem............if you need more GOOD advice, feel free to ask...................Grumpy
grumpy60- Posts : 317
Join date : 2010-12-29
Age : 75
Location : South Coast NSW
Re: Legal Question .
I have a practical legal background...In my experience, if a plant was growing from your neighbours property over your fence you are allowed to trim the offending branch etc back. It may be a little difficult to do this with a large Pine tree which I'd expect has branches quite high above the ground and perhaps over your property and out of your reach.
In either instance it's probably a good idea to approach the neighbour peacefully first and set out your issue with the tree etc. If he/she is decent they will probably assist you but if they want to be difficult you would need to see the council and ascertain what other legal actions are available to you.
Bear in mind too... different 'States' will have laws which aren't quite the same... always best to try to stay on reasonable terms with the neighbour if at all possible.. they can make life hell! A good thing to keep in mind too is that 'you will have to leave your home at some point leaving it unattended' - if you make an enemy of your neighbour this can be a problem. Probably telling you how to suck eggs.... but there you go...
In either instance it's probably a good idea to approach the neighbour peacefully first and set out your issue with the tree etc. If he/she is decent they will probably assist you but if they want to be difficult you would need to see the council and ascertain what other legal actions are available to you.
Bear in mind too... different 'States' will have laws which aren't quite the same... always best to try to stay on reasonable terms with the neighbour if at all possible.. they can make life hell! A good thing to keep in mind too is that 'you will have to leave your home at some point leaving it unattended' - if you make an enemy of your neighbour this can be a problem. Probably telling you how to suck eggs.... but there you go...
Bhoffo- Posts : 617
Join date : 2011-07-04
Age : 66
Location : Katoomba - Blue Mts - NSW
Re: Legal Question .
Driveway after i cleaned the roof LHS of house only
gus- Posts : 6176
Join date : 2010-11-23
Age : 73
Location : Cygnet ,Tasmania
Re: Legal Question .
With all that foliage I don't think anyone would notice a trim here and there!
Bhoffo- Posts : 617
Join date : 2011-07-04
Age : 66
Location : Katoomba - Blue Mts - NSW
Re: Legal Question .
Contact your Local Laws dept. of your Local Council, they can issue a Notice To Trim and clean and a Fire Risk Compliance Order, you can also ask your local fire brigade to inspect for potential fire risk.
lliquidlen- Posts : 193
Join date : 2011-08-03
Re: Legal Question .
@Grumpy
Now come on grumpy, lateral thinking mate. If he gives the tree the medication you so kindly advised, it is quite likely that said tree will whither and die and eventually FALL and since the wind is blowing towards his house where do you think the tree will fall? ON HIS BLOODY HOUSE.
@Gus, what are you complaining about? that leafy roof coverage will be a lot more effective insulation than "Pink Batts" and cheaper and environmentally friendly as well.
awww come on Fossil..thats not fair..........all types of good advice here..legal,medical,marriage,financial,love life, even some on motorbikes lol! lol! Gus more good advice....cordless drill small hole fill with roundup end of problem............if you need more GOOD advice, feel free to ask...................Grumpy clown
Now come on grumpy, lateral thinking mate. If he gives the tree the medication you so kindly advised, it is quite likely that said tree will whither and die and eventually FALL and since the wind is blowing towards his house where do you think the tree will fall? ON HIS BLOODY HOUSE.
@Gus, what are you complaining about? that leafy roof coverage will be a lot more effective insulation than "Pink Batts" and cheaper and environmentally friendly as well.
lliquidlen- Posts : 193
Join date : 2011-08-03
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