VIC Neighbour Refuses to Prune Trees - Property Law Options?

[Brendan Sullivan]

Hi there,

I live next to a neighbour who refuses to maintain her trees and when I attempt to prune back to the property boundary hinders my ability by placing herself in harm's way. She abuses contractors I have engaged and they now refuse to undertake the works.

I've tried speaking to her about the fact that her trees are constantly dropping fruit which stains my concrete, not to mention the fact that my guttering requires clearing every couple of weeks. Just today, I asked her if she could do something about the trees to which she responded by saying that the trees are my problem and I hope they give you as much grief as they possibly can.

Clearly she is unreasonable, if not crazy. She abuses me every time I try to discuss the trees with her. Any property law help on the best way forward?

 

[Rod]

You are within your rights to prune the trees back to the fence line and put the cut branches back on her property.

Not sure how she places herself in harm's way if you are cutting to the fence line and she stays on her property. If she puts her arms over the fence after you have clearly told her not to, then she is trespassing.

 

[Victoria S]

Ultimately it is the property owner's responsibility to make sure nothing escapes from his or her block of land into adjoining land, including tree branches. However if branches are hanging onto your side of the fence you do have the right to cut them off at the boundary and place them on the neighbour's side of the fence.

If you can't self help nor negotiate with the neighbour, you may need to consider mediation with Services | Dispute Settlement Centre of Victoria or apply to the Magistrates court for orders in your favour.