Fed-up pensioner's plea over common neighbourhood dispute
Despite over two years of exhaustive attempts, Jocelyn Mickan is still no closer to having her neighbour's protruding trees removed from her property.
In yet another example of one of the country's most common community disputes, a fed up pensioner has revealed that despite over two years of exhaustive attempts, she's still no closer to having her neighbour's protruding trees removed from her property.
It's an issue that thousands of people all over the country regularly deal with and one that's also bitterly divided homeowners, with councils often distancing themselves from the dispute.
Queensland retiree Jocelyn Mickan, who lives in Nambour on the Sunshine Coast, said since she moved into her property a little over two years ago, her neighbour's trees and plants have repeatedly caused her grief.
Neighbour's trees a constant source of grief
The pensioner explained to Yahoo News that due to her age, she's no longer able to climb a ladder and trim the trees that overhang into her property. She doesn't believe that it should be her responsibility to do so in the first place. The overhanging foliage creates a significant amount of mess that requires regular tidying, unwanted shade and clogged gutters. Mickan's attempts to peacefully resolve the matter with her neighbour have so far failed.
She said now, not only does her neighbour simply ignores her pleas to tidy his bushes, he also routinely plants new ones, that add to the existing mess.
Council won't weigh in on tree dispute
Mickan said she contacted the Nambour division of the Sunshine Coast Council, but again had no success in having the issue rectified.
"All of his trees [the neighbour's] are planted right along the fence line," Mickan told Yahoo. "They grow all over my roof and fill up my gutters and make it very messy when they lose their leaves and their flowers.
"I did try in the beginning [to resolve the matter personally] but he ignores me now. He's also just planted two new avocado trees about two seconds from the fence — they're going to grow. They're already coming over the fence.
"In winter time, the sun seems to come his way. He's got the sun because he's up high on a hill. But there's no sun for me because of the shade the trees make.
"I even went to the council at one stage and they came out and they said, 'oh no, that's nothing to do with us, that's on his block'. So the council really don't take into consideration any tree that is not kerbside."
Rules on trees bothering your neighbours
State government legislation in Queensland requires a "tree-keeper" to ensure trees and plants do not interfere with a neighbour's "enjoyment of their land".
According to the Queensland Government website, "if a neighbour’s tree hangs over your land, you can exercise the common law right of abatement", which is, "your right to remove overhanging branches and roots to your boundary line".
If the tree still causes problems and an agreement between the two occupants cannot be made, a resident can give them a notice to remove the problem branches, using a Form 3 - Notice for removal of particular overhanging branches.
"If your neighbour does not remove the branches by the specified time, you can remove them yourself or have a contractor remove them at your neighbour’s expense—they are liable to pay up to $300 a year for removing branches from their trees," it said.
Mickan said she will look into the notice form. Yahoo News Australia attempted to contact the Sunshine Coast Council about Mickan's concerns but as of Wednesday had not heard back.
'Limit on trees planting' a possible solution
Mickan wondered if "perhaps a limit should be placed" on how many trees a person can plant in their yard, when they overhang onto a neighbour's property. She also raised concerns over her neighbour's enormous camphor laurel tree, questioning its safety during extreme weather — which the area had been lashed by recently.
"If you do plant a lot of trees you should trim them, you know, you should look after them so they don't get 14-feet into the sky," she said. "As for the camphor laurel, he's not going to want to remove it because they will cost him an absolute fortune. But if there was a storm and that camphor laurel fell down — I would be dead, it's massive."
Similar debates between neighbours in other states
Last week Sydney resident Tim, who is nearing his 60s, told Yahoo News Australia he is getting too old to regularly trim a hedge that he says has grown too high and is also encroaching onto his land from his neighbour's property.
The City of Canada Bay Council confirmed to Yahoo News such disputes did not come under their management, and it would only become involved when it comes to pruning and removing trees, where council-issued permits are required. Instead, the council referred to NSW's Trees (Disputes Between Neighbours) Act 2006.
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