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NSW Decidious boundary trees - Safety obligations?

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  • NSW Decidious boundary trees - Safety obligations?

    Our PM has received correspondence from our neighbour advising that our decidious ornamental pears on our side of the boundary are a safety concern now that autumn has hit and the leaves due to fall. She is concerned that her children will slip on them and cause injury.

    We replied that we will prune the trees when we return in Spring. However her Hubby has visited our PM and again said that it is a safety concern now that the trees are loosing their leaves and they cannot wait until Spring.

    We have arranged for someone to pop down and view the properties this week and supply a quote to prune back the branches, it does niggle me though that the owners property was in an overall neglected state and in need of maintenance when we left our address 18 months ago.

    Whilst that is their concern to deal with, if they 'blame'' the fallen leaves from our trees if one of their kids should slip over what would be the legal implication for us?
    Last edited by NESW; 28-05-2010, 10:33 AM.
    S.

  • #2
    update

    since originally posting my PM has advised me ''what is over the fence belongs to over the fence"" and its their choice to exercise as to whether to prune the branches to the boundary line (prunings being their property and therefore NOT to be returned back over the fence) tidy up fallen leaves etc and we have no legal responsibility to what happens ''over the fence''.

    A sigh of relief, we will however have our friend look at it all the same and we will prune back when we return later this year. It just doesn't have to be a ''now'' thing.
    Last edited by NESW; 29-05-2010, 07:52 PM.
    S.

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    • #3
      Whatever you do should stem from a risk assessment: what is a reasonable risk and what is too remote?

      I'd ring your insurer and ask their advice - what do they think you should reasonably do to ward against any future injury/claim.

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