VIC Council Trees Causing a Constant Mess - Private Nuisance?

[Enoughad]

Hi. New here.

Can anyone help me on council trees overhanging my rear yard and creating constant mess? Children won't play in yard for fear of falling limbs. Bark and small branches have hit me whilst cleaning yard (every 2-3 days).

Does this constitute as a "private nuisance "?

I'm finding it hard to find case studies/info on ratepayers v council regarding above.

 

[Rod]

Let me guess - the trees are blocking a view, maybe a sea view?

 

[Enoughad]

No Rod. Trees are not blocking any view. Trees are dropping large amounts of debris in the backyard where we wish to sit/play/relax yet can't for fear of limbs falling.

 

[Homer jay]

Ring the council or cut the tree back to the fence line

 

[Rod]

What Homer has suggested is reasonable.

Being a tree hugger, it annoys me when people want to remove trees because they are messy. Nature is messy and gum trees drop branches. However dropping branches of a size that can cause damage is generally limited to specific weather events - hot days followed by a cool change accompanied with high winds. Avoid being outside during the weather change and you're unlikely to be injured.

 

[Enoughad]

Keep hugging your trees Rod. I like trees as well. The problem is that my kids won't go outside for fear of falling debris. I clean gutters at least three times per year.

Have called council on numerous occasions over the past seven years to come and evaluate the reserve. Seems to be falling on deaf ears at council.

 

[Enoughad]

As for cutting them back. Can't do it myself as it's way high.

 

[Enoughad]

Oh! And also Rod. Being a landowner and not being able to use my private open space is to me a case in "private nuisance "

The trees were there before me and are now encroaching on my land. The only things that grow are drought tolerant plants as the f---ing gums sap all moisture out of the soil. Tried veggies a few times to no avail. I'll spend the $$$ in court. Enough is enough!!

 

[Rob Legat - SBPL]

You could try the tack of telling council that the dropping debris constitutes a risk of personal injury to yourself and your children and, as such, they will be liable for any injuries caused due to a failure to properly maintain trees on their land. Put them on notice that they should inform their insurers accordingly pending the possibility of a claim. See if that gets them to move on it.

 

[Rod]

I'm also a homeowner with a large 20-30 metre gumtree in the backyard, a large 20m tree in the front. I understand the issues and am also somewhat sympathetic to your plight. Still, I think too many developers are removing trees from our suburbs and don't like seeing them go.