SA Footy

Posted: **Wed Dec 23, 2009 3:20 pm**

need some help.

the lady behind us has some large trees (one of which is a bottlebrush) and there are many branches overhanging into our back yard. it has just been paved and yesterday we bought a nice new outdoor setting just in time for Chrissy. the problem is the overhanging branches. my grandmother-in-law has lent us her trimmer and i've chopped some of them down and back far enough so they won't annoy us, now my question is...

can i throw the branches back over her fence as they are from her tree?? or do i have to dispose of them myself?

Posted: **Wed Dec 23, 2009 3:30 pm**

Just dispose of the branches yourself mate. Is it really worth the headf*ck it could create if you throw them back over their fence???

Posted: **Wed Dec 23, 2009 3:35 pm**

If a branch or root encroaches upon your land, you are entitled to cut and remove the offending branch or root at any point up to the boundary of your land. You must not cut the branch or root on your neighbour's side of the boundary without his/her agreement.

The law does not require you to give prior notice of removing branches or roots from your property, but it is both sensible and advisable for you to notify your neighbour that there is a problem and what you intend to do.

Any root or branch, or any flower or fruit growing on a branch that is removed, remains the property of the tree's owner and should be returned to your neighbour.

Care should be taken in the way branches or roots are returned to your neighbour as you will be responsible for any damage or littering that may be caused. Again, it is advisable for you to notify your neighbour of what you intend to do.

Posted: **Wed Dec 23, 2009 5:24 pm**

magpie in the 80's wrote:
If a branch or root encroaches upon your land, you are entitled to cut and remove the offending branch or root at any point up to the boundary of your land. You must not cut the branch or root on your neighbour's side of the boundary without his/her agreement.

The law does not require you to give prior notice of removing branches or roots from your property, but it is both sensible and advisable for you to notify your neighbour that there is a problem and what you intend to do.

Any root or branch, or any flower or fruit growing on a branch that is removed, remains the property of the tree's owner and should be returned to your neighbour.

Care should be taken in the way branches or roots are returned to your neighbour as you will be responsible for any damage or littering that may be caused. Again, it is advisable for you to notify your neighbour of what you intend to do.

I was about to point out the emboldened bit but mp80 has it covered.

SA Footy

Overhanging Trees

Overhanging Trees

Re: Overhanging Trees

Re: Overhanging Trees

Re: Overhanging Trees