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Thread: Liability of massive gumtree

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    Default Liability of massive gumtree

    Hi Everyone

    There is a colossal gum tree in the back of my yard it is within 1.5m of my boundary, i have had it priced to be removed and it is massive work. needs the power lines to be de energised and the people next door having to go out during the day.

    the tree is intact and not showing any signs of there being any issues, it has been there the 11 years i have lived here and never dropped a limb or anything. it sounds like its going to cost in the high 9k mark to remove apparently.

    If a tree is left there and not removed, would i be liable if it dropped a limb on the house next door? or does my responsibility for it end at the fence line?



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    The onwers house and property insurance should cover the damage.
    The owner of the tree will be responsible for the cost of clearing if it falls in the neibours garden with no property damage.
    Last edited by Johnno; 13-03-22 at 06:40 PM.

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    Depending on where you live, your council might be unhappy if you remove the tree too.

    I have some huge trees - some are gums that are prone dropping big limbs. Every year or so, we get an arborist in to check the ones that could drop a limb on something expensive or inconvenient and take his advice.

    I’d get a good tree surgeon to come in and remove any limbs that seem a bit suspect. Keep the invoice and repeat the process on a regular basis. If “bad things” happen, then you have proof that you have tried to do the right thing. Your household insurer can then slug it out with the tree expert’s insurer.

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    I'd also check with your insurance company to ensure that damage caused by falling limbs is covered. They might call it an "act of God". From your description, council might also object to tree removal based on its size. In Darwin many moons ago, I was a tree lopper and we'd remove huge trees using a crane, I'm not sure about location and facilities like that down here but our top price back then was about half that. However, we did not have issues with power or access in most cases.
    I'm out of my mind, but feel free to leave a message...

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    Quote Originally Posted by lsemmens View Post
    I'd also check with your insurance company to ensure that damage caused by falling limbs is covered. They might call it an "act of God". From your description, council might also object to tree removal based on its size. In Darwin many moons ago, I was a tree lopper and we'd remove huge trees using a crane, I'm not sure about location and facilities like that down here but our top price back then was about half that. However, we did not have issues with power or access in most cases.
    i got a another quote and it is more reasonable however they have said that the tree is well established and not really a risk they said that they could just make it more safe by removing some of the branches that are a risk and just monitor it.
    apparently only energex can remove the branches over the power lines.

    I guess if i get it completely removed it wont be an issue but that's a bit like killing a shark because it might bite someone. I feel bad chopping a perfectly healthy tree down.

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    I feel bad chopping a perfectly healthy tree down.
    The tree doesn't feel a thing about dropping a limb on someone and killing them =)

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    I'd check with your home insurance to see if it covers your neighbour if your tree falls on his property.

    Otherwise his insurance will be chasing you personally for payment.

    usages.kangaroos.sound

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    Quote Originally Posted by hoe View Post
    I'd check with your home insurance to see if it covers your neighbour if your tree falls on his property.

    Otherwise his insurance will be chasing you personally for payment.

    usages.kangaroos.sound
    i guess if i start fishing around with the insurance company they would probably use that against me.

    example. tree branch falls on house next door. they look at my policy and see an enquiry asking if i was covered they could argue that i knew it was dangerous and make me pay anyway.

    Got a quote from another company and they have given a much more reasonable quote, its about 5k.

    i still feel bad killing it but i might plant a replacement gumtree in the gully to make me feel better about it.

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    you also have to remember that the damage the tree roots
    create also falls back onto you.

    Ie sewer pipes broken - footings cracked - paths - fences etc.

    I remember a job i did in neutral bay that cost the tree
    owner $80k for damage to pool and footings.
    Last edited by fandtm666; 14-03-22 at 07:34 PM.

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    Throw it back on the council. If they are anything like the council around here they will not allow it to be touched.

    Get their refusal in writing then if any consequences down the road from insurances or neighbours you know who to blame.

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    just get rid of the tree and be done with the problem for good. The whole tree might be stable and what if just one branch came down and hurt someone or damaged thier prized classic car or something ? the longer you wait the more expensive removal will be

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    What are the chances this would happen after reading & posting in this thread..

    The neighbors gumtree just dropped 2 branches, One in my yard and the other is leaning against another neighbors gumtree.

    No one hurt and No damage.. The guy is a renter and has already called the real-estate agent to come clean up the mess..

    Shit happens hey...


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    Quote Originally Posted by Johnno View Post
    What are the chances this would happen after reading & posting in this thread..
    Pretty good actually ~ big gum trees are somewhat notorious for dropping branches, especially a few weeks/couple of months -after- being hit by a strong storm.

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    Quote Originally Posted by wotnot View Post
    especially a few weeks/couple of months -after- being hit by a strong storm.
    That’s something Inhave never got used to. Massive storm goes through - trees seem fine.

    A few days later, it’s a perfectly,still and sunny day. Suddenly “ka-boom!” down comes a big branch!

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    Quote Originally Posted by shred View Post
    That’s something Inhave never got used to. Massive storm goes through - trees seem fine.

    A few days later, it’s a perfectly,still and sunny day. Suddenly “ka-boom!” down comes a big branch!
    Yep, you drill it into the kids, driving around here after a storm, for a fortnight you've got your eye up in the trees ahead of you hanging over the road, there's often dashcam vid on YT of it happening real rime. More than numerous times in the bush, I've heard the loud 'crack' of a big branch/limb breaking away, followed by the crash as it hits the ground - you can't see it, but you know what just happened =) Gum trees, especially big ones, don't mix well with human habitation...fact of life.

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    Quote Originally Posted by mandc View Post
    Throw it back on the council. If they are anything like the council around here they will not allow it to be touched.

    Get their refusal in writing then if any consequences down the road from insurances or neighbours you know who to blame.
    THIS is the way to go...mandc's council sounds like the dropkicks we have here.

    I live in a cul-de-sac. All the neighbours complained about a large gum tree on the government part of the block next door. Nononono, you can't cut it down, it's too big and therefore protected. Bunch of w*nkers. Anyway, big wind, tree falls and one of my cars (an older Commodore sedan) suddenly becomes a tray top from the back window.

    I wrote to the relevent goons who denied responsibility. They sent a guy around...jeez.

    Him: "Sir, it's an act of god, and not our responsibility."

    Sucker (Me): "Really?. We ALL raised heaps of complaints about it's state."

    Him: "Well, if your car is insured, we might be able to pay the excess for you."

    Me: "Aaah, so you DO admit responsibility!" He started to look like the fool he was.

    Me: "It's my trailer tow car, and only insured for third party. I'll talk to my solicitor and get back to you. Can you give me your card?"

    Of course I didn't persue the matter as $2000 wasn't worth the legal fees and hassles.

    As mandc suggests, get them to give assurances in writing. People like that are terrified of the written word, so get it from them.
    The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.

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    An Act of God, from a council who would probably deny the existence of said Being if 'twere a Church. Ask them to prove that God did it.......


    For the record, I do hold a very strong belief in God, but my belief is not the topic of this conversation.
    Last edited by lsemmens; 20-03-22 at 03:22 PM.
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    Quote Originally Posted by lsemmens View Post
    An Act of God, from a council who would probably deny the existence of said Being if 'twere a Church. Ask them to prove that God did it.......


    For the record, I do hold a very strong belief in God, but my belief is not the topic of this conversation.
    Well I have NO belief in a god. None, nicht, nein, nada....but, it's enshrined as a general escape clause in legislation all over the place. Neither believers nor disbelievers have ever removed it, which demonstrates yet again their untrustworthiness.
    The fact that there's a highway to hell and a stairway to heaven says a lot about the anticipated traffic flow.

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    Meh....anyone can be reasonably sure a large tree -will- drop a branch or limb someday, some time ...so although one cannot predict when, one should address the situation so that the inevitable doesn't happen ->

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