QLD Dangerous Gumtree

[Cameron1977]

Question 1.
Neighbour has a large gumtree on our boundary, on his side of the fence. Almost close to my house than his. This property is a rental property with tenants in it.
Contacted the real estate last year to ask for the owner to cut down or at least trim the large branches on my side of the fence.
After months and months of arguing - the owner finally decided to remove the branches on my side of the property. It was something - but I was and am still concerned about the tree falling. If it falls - it will take our either mine, the owners or one other property.
This Xmas - we had the Tornado/Storm on the Gold Coast wiping out thousands of trees mostly gumtrees which caused a HUGE amount damage. It will happen again.
Even with the downsizing the tree - a 7-8 metre branch fell into my property denting my Patio roof. I was very lucky it was not wose like the rest of the Gold Coast.
I have reached out to the owner/real estate to ask again to remove the tree stating the evidence and risk of property and life. I got a flat out NO because of cost. (we are talking about $5K)

What are my options if any please? (I don't believe I can do much...but thought I would ask)

Question 2.
I will ask my insurance company , but thought I would ask while typing, can I charge the owner for the damage on the patio given it was his tree? (again, assuming no).


Thank you!

 

[Paul Cott]

Hi Cameron,

You could (or get a lawyer to) write a letter of demand to the neighbour/estate agent. The costs is largely irrelevant if damage will occur to a person and or property and there are legal bases (such as negligence, trespass etc) for the neighbour to have to act. So you do potentially have a right to charge the owner for your damage. The nuisance was not abated and it caused loss and or damage, which was forseseeable.

 

[Cameron1977]

Thank you, Paul.

Although I referenced the damage to my property, I have not raised the damage caused by their tree needs to be paid for by them. But if I am able, I think I will have to help push the matter of removing the tree. (it was a small amount of damage)

Next, I will try a letter from a lawyer. I have also reached out to my local councilor to ask for his feedback on the matter (still waiting). If he gives me a positive response it will strengthen my case for the Neighbour to remove the tree.