Fence damage dispute (yet another)

[biker]

Hi.

I'm really happy with my new PPOR that I moved into few months ago, but if some of you remember my previous thread, one of the neighbors is a PITA.

His overgrown trees/plants are damaging the fence (concrete posts with wooden palings). At the moment damage is minor, would be very cheap to fix. I have asked him to trim the offending plants to prevent further damage. He replied that is is my responsibility to trim my side of the fence.

I tried really hard to politely reason with him, reach some compromise/middle ground, but he's very stubborn and basically he wont agree to anything, and he is not prepared to do anything about it. I'm really sorry that we start "neiberhoodship" on such terms, but I do feel like I have the right and even responsibility to protect my property. It is obvious that the plants/trees are causing damage and I have photographic evidence.

What options do I have ?
I know there's dispute tribunal, but apparently they have very limited rights as to enforcing the order.
Therefore I see no other option than taking it to court. There's a filing fee, and it will take some time. I'm not sure whether I have to obtain legal representation, what evidence is required. What evidence of communication should I bring ? I always write letter and stick it to his mailbox, but he always replies via txt or in person, so there's no official record how/if he responded... IT will cost more money and effort that is required to fix the issue....

There's also further complication. He is not actually the owner of the property. His mother is. But effectively he's neither tenant nor owner and probably the owner is not aware of the issue.

Biker...

[skid]

Good that you have concrete posts as thats the expensive part to fix.
Sounds like you may be about to spend more than fixing the fence in court proceedings [not to mention stress]
If it were me ,I would trim everything I could on my side and try not to worry about the rest.
Sometimes those things can work themselves out in time.Once he realizes your not pushing your way ,he may stop pushing his way and may even come around to reason.
Sometimes you have to choose your battles.
Only you can decide if a fence is worth it.

[Bluekiwi]

Can you ask neighbours to cut down brach's of there tree's that overhang your property ?
Do they have a legal obligation to do that if you ask them.
The old lady next door has huge tree's that drop millions of pine needles on my garage and driveway.

[kyotolaw]

You don't have to ask them, but you can only cut down what is overhanging your property and you can't go on their property to do it. They don't have to do anything, its your responsibility to trim whats on your side, unless its a nuisance which is expensive to prove in the High Court.

The law around it is technical and a bit interesting. I seem to remember that the trimmings belong technically to the tree owner (as does the overhanging fruit - you can't pick it from the tree but you can pick it from the ground once it falls). But you probably wouldn't be popular if you throw the trimmings back through the fence...

Usual disclaimer: Not a lawyer, so you'd be a mug to rely on my advice...

[kyotolaw]

And a great page from Consumer about the law on trees...

[klauster]

Well, as already mentioned - is it worth the battle or easier to cut down everything along the fence line and dump it over the fence? In this case the expensive parts like hiring a trailer, going to the tip – make it to their problems and you save, too.

[Bluekiwi]

When I moved in to our old house, the old timer next door asked in the first week if I could remove all the bamboo as it cut out the light and dropped leaves.
The softie that I am, I just did it for him, was heaps of work too with that bloody stuff.

I assume this tree line is vertical straight up and includes branch's 100 feet up.

[Bluekiwi]

Of course that would cut out all the heavy branch's on one side of the tree, and likely unbalance it till it eventually fell on the old ladys house next door.

[DazRaz]

But you probably wouldn't be popular if you throw the trimmings back through the fence...

I had this happen to me. Wasn't impressed. Couple of months later, their house was on the market and I was sorely tempted to cut the branches hanging over from their side and throw it over the fence during their open home...

[biker]

Well, as already mentioned - is it worth the battle or easier to cut down everything along the fence line and dump it over the fence? In this case the expensive parts like hiring a trailer, going to the tip – make it to their problems and you save, too.

Thanks for input so far.
Trimming is not an issue. I have pole trimmer and i would be happy to do it myself. Fence damage is an issue. I now feel that if I trim it, then I wont have an argument regarding what was the cause of the fence damage. Further, it might be tricky to trim without causing further damage, in which case he can say that I was the one to cause damage.
Moreover, by law I can't trim what's on his side, and therefore I cannot prevent further damage to the fence (as it is caused by vegetation on neighbors side).

Thats why I think the most appropriate action is to accuse him of fence damage, which can be easily proved. The downside is that currently the fence damage is very minor, and it might get thrown out of the court for being not significant.

Also the law is very vauge about the trees (also an issue with this neighbor). You can trim trees and their roots, but you cannot cause the death of the tree by doing so. It is ridiculous, as if I trim the tree as allowed (to the boundary), it will be unbalanced and likely to fell on a first stronger wind gust and potentially cause damage. Then who's fault is it ? You are not allowed to "undermine stability of the tree". But this in my view contradicts "you can trim to the boundary line".

[essence]

Anything trimmed from the tree, legally belongs to the owner of the tree and must be returned to them. Read this.

The tree branches etc are a different issue from the fence.

Issue him with a fencing notice which includes a "no communication clause". If he doesn't respond, he is deemed to have accepted the conditions of the FN. He won't pay. Go to Disputes Tribunal.

[lawt]

I had this happen to me. Wasn't impressed. Couple of months later, their house was on the market and I was sorely tempted to cut the branches hanging over from their side and throw it over the fence during their open home...

This happened to you? You mean the neighbour complied with the law? The b@$#@%*s! Who does that?
You were right to want to get even with them for that, no one should obey the law.

[DazRaz]

They just threw the trimmings over the fence. Could have spoken to me and I would have brought the trailer round and loaded it up and got rid of it. While they covered my garden and compost bins with branches and crap, I would have been covering their car and driveway.

Not hard to have a chat to the neighbours. The woman who bought the house came and had a chat about the tree and the problems it was creating and I removed it. Big tree, cherry picker required. Issue solved by having a chat.