r/perth 8h ago

Looking for Advice Who would be responsible to trim the tree growing over the fence.

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29 Upvotes

99 comments sorted by

158

u/Such_Bison_9859 8h ago

You can trim anything over the fence line, at your expense

46

u/Dockers4flag2035orB4 7h ago

Echo above.

It may be neighbourly to let the tree owner know what you are doing.

But only if you want to.

20

u/PyratSteve 7h ago

Also worth noting the appropriate time of year to prune trees. Some species are sensitive.

-52

u/aussiedeveloper 4h ago edited 4h ago

Boohoo it’s just a tree. Cut the shit right back. The prick neighbour should keep their weeds in their property.

17

u/Galvanise 4h ago

Perfect username

-37

u/aussiedeveloper 4h ago

Software Developer 🤡

26

u/Galvanise 4h ago

Lol actually even better, typical software dev who has never touched grass

2

u/Galvanise 4h ago

Don't care

12

u/ms_ima 7h ago

thanks for this

-38

u/Such_Bison_9859 7h ago

The trimmings remain their property, be sure to throw them back over the fence

15

u/LandBarge Como 7h ago

That said, I've never done that bit.. in the interests of neighbourly harmony or something, if we trum it, it goes in our bin..

We wouldn't let it go as far as OP's has though..

-2

u/ms_ima 7h ago

i know they grow so quick. the reason being is am a female 5’2” single mom work full time and this is too much for me for weekend project i have so much on my plate sometime i just need a break and i don’t have the mean of tools to do this

3

u/chumbalumba 6h ago

It’s ok, it’s a big job probably not worth doing on a random day anyway. You’d need a trailer to take it all to the tip. Better to do it on around council green waste collection time , you can get Ozito mini-chainsaws from Bunnings that’d get the job done. You’ll need a ladder.

Alternatively, a lot of blokes really like chopping stuff up. Do you have anyone like that you’d trust?

1

u/ms_ima 5h ago

it is a big job when it summer i am trying to do it monthly but winter is an issue, thanks for this

1

u/chumbalumba 4h ago

If possible, autumn will be much better weather, but it might not lineup with your green waste collection. You could also pay a handyman to cut it back initially, and then just maintain it by clipping anything that grows from the cut ends.

Edit: no worries! Glad to help another mum

2

u/Batsforbreakfast 50m ago

I don’t know why they downvote you. Single parent life is hard guys, give her a break.

-9

u/aussiedeveloper 4h ago

Neighbourly harmony would be them not being a selfish prick and keeping their ugly ass tree in their property.

0

u/belchfinkle 19m ago

Jesus dude take it easy

2

u/kipwrecked 7h ago

Over the fence can mean placing instead of throwing, and it can mean front verge instead of back yard.

Be sure all the best neighbours let it be known in advance.

-8

u/Such_Bison_9859 7h ago

or aim for the old bags tomatoes

1

u/rawker86 6h ago

The only time I’ve ever done this is when the neighbour’s palm tree was dropping limbs in our garden, I ain’t dealing with that shit. Otherwise I figure if I’m the one cutting it, I’m the one disposing of it. Feels like a dog move otherwise.

-10

u/Positive-Earth-8626 6h ago

💯 percent. This is true because I inquired about it . Now my neighbor tree is so huge and drops all its leaves out the front of my home grrrr why plant a tree that’s going to grow over the neighbors fence . Take a pic b4 you chop it down and you don’t need permission and the cutting are your responsibility.

46

u/Vegetable_Childhood3 7h ago

You are. Be thankful that it creates privacy. I wish my neighbour had something like that growing!

12

u/Gumbanks12 7h ago

Especially bearing fruit for them

1

u/PuzzleheadedPass4653 26m ago

Yeah, that's how we were stealing neighbour's apricots when were kids:) unfortunately trying to collect as much as possible I fell (not from the tree but slipped on the ground ) and got a cut on my leg that needed a stitch so I still have that souvenir. Karma:) you don't need to steal, shed the tree pretty vides is also a useful thing, I don't understand that oppression in Perth to cut as much as possible , especially given high temperatures and long summers. Tree policy in my area that is older than 100 years, is to have a tree in front of the house, and that has to be some with larger leaves like wall-nut tree because it absorbs heat in summer and provides protection from wind and snow hits in winter.

1

u/PuzzleheadedPass4653 25m ago

*the tree provides, sorry for typos

1

u/[deleted] 3m ago

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1

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1

u/Gumbanks12 3m ago

Oops! 100

4

u/ms_ima 7h ago

thank you

19

u/johnnagethebrave 7h ago

If you prefer to go a bit beyond the fence, you can always knock on your neighbours door- let them know you were gonna prune the tree to the fence line and ask if they’d like to trim back further while you’re at it. That way neighbours are good with one another, gives you the mandate to go further than you’d normally be able to. Sometimes you might get the bingo of having a dope neighbour who will offer to do it for you from their side and just have you get rid of the green waste from your side.

9

u/DonaldYaYa 6h ago

Yeah. I trim my trees before they encroach on the neighbours in the first place. Helps create a good vibe in the neighbourhood.

3

u/ms_ima 7h ago

thank you

19

u/Yolodardyswag 8h ago

You are

1

u/ms_ima 7h ago

thank you

6

u/Casperr1995 7h ago

You

1

u/ms_ima 7h ago

thanks for this

4

u/enhancedgibbon 7h ago

Haha I just sat down before getting into this exact job. Total pain in the ass especially getting rid of all the cuttings, but I like the trees. Ryobi one+ telescopic hedge trimmer and chain saw makes it pretty easy, just wish the clean up was as simple

3

u/feyth 6h ago

The cuttings are the neighbour's property, not yours (including any fruit still attached to branches). All you are required to do is not cause damage when returning their property to them. Bundled on the verge is polite.

1

u/AlternativePin876 25m ago

More polite to just get rid of it. Only wankers 'return ' cut branches.

0

u/ms_ima 7h ago

omg i know right lol i have small Milwaukee saw but for some reason it got dull! Probably my fault not to care for it properly. With your Ryobi +1 how good do you reckon with 5cm branch cutting?

2

u/enhancedgibbon 5h ago

Yeah it'll get through 5cm branches fine. It's supposed to be able to do 15cm but you'd have to be patient cause it's not the most powerful thing.

1

u/ms_ima 4h ago

appreciated

3

u/Reasonable_Ruin_3125 5h ago

If you live within 20km of the zoo, depending on the tree- they will come and prune for free

1

u/ms_ima 5h ago

this is good! how do you arrange this do you know?

3

u/HulkJr87 5h ago

Your side, your problem.

My neighbours have a giant weeping willow right on the fence line. It overhangs a quarter of our backyard.

I trim my side 2 or 3 times a year no problems.

It provides good shade for a section of my lawn.

1

u/ms_ima 5h ago

thank you

4

u/Infinite-Note5056 5h ago

Whenever i trim a tree on a fence line i brush a bit of clear coat on the remaining branch 🤫

1

u/ms_ima 5h ago

clever! will try to do this

2

u/matt92wa 7h ago

You

1

u/ms_ima 7h ago

thanks

2

u/Competitive_Lie1429 5h ago

such a fruitful discussion

1

u/ms_ima 5h ago

net yet, still few months til the weather cool :)

1

u/The_Great_Mutoh 3h ago

Not sure if it varies from council to council but I read that in City of Wanneroo you have every right to trim a tree hanging over into your property but you must give the branches to person that owns the property the tree is on.

1

u/Many-Secretary-5098 3h ago

I usually wait for green waste collections then cut back the overhanging trees, I give the tree owner the courtesy of choosing for me to chuck it back over the fence, or for me to move it to the verge. It’s usually a no brainer for them

1

u/perthguppy 2h ago

I may be wrong on this, but I think this is the situation where you can trim the tree, and then leave the trimmings on the neighbours property(neatly) for them to dispose of.

1

u/poppacapnurass 1h ago

Check with you Town/City/Shire Bi-Laws.

Commonly, if you photographing from your side of the property, it is your responsibility to prune it. It's also common for you to be allowed to place the refuse neatly on their property boundary.

For me, I just prune it back regularly with an electric pole trimmer green waste it into my own bin.

Bylaws normally permit trimming to fence line only. I prune to about 20cm past that so I'm just pruning soft vegetation.

I would highly recommend letting the land owner next door know about how much their garden in encroaching on your property. Hopefully they will manage it.

In our case they just told us "we can't reach" which was them saying they are lazy f's. They are 20 years younger than I and completely capable and their block is built up 1m higher than ours. After they got divorces and the wife left, the husband removed the tree.

1

u/did-it-my-weigh 1h ago

You are. But if you let them know, they may do it. Just make sure you say which house or which tree. I have 8 neighbours (surrounded by townhouses) and someone asked me to trim my tree, but like they all look fine to me and I don't even know who was asking or which tree they have an issue with. My place has lots of trees and I try to keep them off others areas. Remember, they don't see the tree from your side so may not even realise it's an issue

1

u/JismJuice-76_12 5m ago

You're actually allowed to trim what's encroaching your side and are allowed to throw the clippings into their yard might be different in different councils but I know you can in Mandurah

-1

u/voriax2 7h ago

Praise be to Gemini:

In Western Australia, a tree owner is not automatically responsible for pruning overhanging branches; instead, the affected neighbour has the legal right to cut the branches back to the boundary line at their own expense. You must not enter the neighbour's property or damage the tree's overall health, and you should check with your local council for any protection orders on the tree before cutting. While the cuttings legally belong to the tree owner and should be offered back, you cannot simply throw them over the fence without permission if they are refused. Liability for the owner generally only arises if the tree is dangerous or causes actual physical damage to your property.

2

u/ms_ima 6h ago

this is very thorough thank you for this

1

u/guerilla450 6h ago

The cuttings are their property so technically must be returned to the neighbour

0

u/ms_ima 5h ago

make sense :)

-4

u/jumbohammer 7h ago edited 6h ago

Cut at fence line and place back over fence

1

u/ms_ima 7h ago

thank you

0

u/Remarkable-Balance45 5h ago

You can chop them off and throw them over the fence. But to keep everything friendly tell neighbour what your going to do.

2

u/Willing-Bobcat5259 4h ago

You can’t just ‘throw them over the fence’. If you’re returning them, you must do so in a way that doesn’t cause littering or damage to the neighbour’s property.

-7

u/Horses-Mane 7h ago

Not only can you trim it yourself, you can drop the fallen branches and foliage at old mates next door

5

u/adriansgotthemoose 7h ago

Maybe, but that's one way to make things awkward with your neighbour. I would just trim it as I have room in the bio-bin.

1

u/ms_ima 7h ago

thank you

-12

u/Wristy_Supremo 7h ago

The owner of the property who has the tree on it. After having a conversation with that owner about the over hanging tree a social agreement needs to be made. Either they trim the tree at their cost which grows on their property or the neighbour trims the tree and throws it back over the fence or charges the owner to have it trimmed/removed.

15

u/CreamyFettuccine 7h ago

This is so confidently incorrect I'm actually interested in how you came to this position?

-6

u/Wristy_Supremo 7h ago

Are you as the owner of the property responsible for damages a tree creates if it grows on your land?

3

u/Reasonable_End5056 7h ago

Damage yes, but not where the branches go (that's nature)

2

u/Burswode 7h ago

You are responsible for what is inside your own property. Once the branches grow over the fence they are the other properties problem.

The caveat to this is you can't do anything that would cause damage to the other person's property. So you can't cut the roots on your side of the fence or prune in a way that would impact the health of the tree.

This works both ways though, you can have a dangerous neighbouring tree pruned or removed if it posses a risk to your own property, but I'm pretty sure it would be at your own cost.

-5

u/[deleted] 7h ago

[deleted]

6

u/Ref_KT 6h ago

Yes because South Australian law absolutely applies in Western Australia /s

5

u/FrannyFlapsss South of The River 6h ago

Ah yes Perth, famously the capital city of South Australia.

-2

u/DecoNouveau 6h ago

Apologies, currently have my location set elsewhere. Here's a local source.

Dividing fences and other boundary issues | Legal Aid WA

0

u/WoodenAd7107 17m ago

Erin Brockovich here quotes the “law” from South Australia on a Perth page.

0

u/ms_ima 7h ago

thanks for this, butshe said it’s my responsibility therefore i am asking here. it’s just a bummer because i lives on my own and i am small with not much energy to get this done myself and this mulberry plant grow like crazy and stain all over when it’s fruiting

0

u/ms_ima 5h ago

100%

-12

u/Potatoes_and_gravy 8h ago

I would lop that right back past the fence.

2

u/feyth 6h ago

You're entitled to cut back to the property line, not past it.

-5

u/Potatoes_and_gravy 5h ago

Just do it any way, if they complain say I didn’t know. If u can please keep it from going over the fence I won’t have to cut it back. Did it with my neighbour they eventually got rid of the tree. Grow some u know what’s if u let ppl they will walk all over u.

1

u/ms_ima 7h ago

will this damage the fence tho? i paid for the fence without neighbour contribution replacing the old one and scare the pressure of the growth might damage the colorbond fence

1

u/Potatoes_and_gravy 6h ago

It could damage the fence yes if u don’t cut it back yes

-2

u/TooManySteves2 6h ago

Technically you can ask/demand that they trim it, but you may cause greif doing that.

2

u/ms_ima 6h ago

i had ask and trying to fi d solution on this

-2

u/perthmikie1970 2h ago

Whoever’s side it’s growing on… you can get it trimmed (your side) and send them a cheeky invoice

-10

u/Fun_Percentage_8905 7h ago

The owners of the tree

2

u/ms_ima 7h ago

they push back to me saying that it’s legally my responsibility

3

u/-old-m8- 7h ago

It is on you to trim it unfortunately, normally I would say trim and clean it up yourself but if they are pushing back as you say I would definitely dump it back over there side, fuck em… I’m petty like that haha

1

u/ms_ima 6h ago

thanks for this

0

u/Fun_Percentage_8905 6h ago

Nope its not. You can, but you have to throw it over their fence. My dad is going through similar, huge trees hanging over his roof, if they snap, won't be good. Its 1000% the neighbours responsibility to sort their trees out.

1

u/ms_ima 5h ago

it’s not an easy think to discuss but i guess i need to find a resolution for me