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Where do I stand??

Posted by melmat Brisbane Qld (My Page) on
Sat, Jan 14, 06 at 23:53

To all those tropical garden lovers I need some advice.
My garden is approx 4 years old and have tirelessly worked at making it something to be proud of.

My problem exists with my new neighbours (whom we've had a falling out with)who slash down the boundary and then throw all the foliage back into my yard and smash my very much loved foliage plants.Unfortunately we can't fence it because they built a dirty big retaining wall after filling their land(hence the falling out).
I'm of the understanding that if anything overhangs they can prune but this is much more drastic.
I'm sure the BCC won't be interested or helpful.What can I do?


Follow-Up Postings:

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RE: Where do I stand??

I think that is such a shame that they cannot respect your plants, property and hard work.

Do they chop anything that is NOT on their side? Do they throw their OWN plant matter into your property as well? Are they damaging OTHER plants in the process? If the answer to any of these questions is yes then I think you have a right to complain.

Although you feel you will get no satisfaction, it might pay to go to the local council and talk to them before it gets out of hand. You don't know until you try.

Whatever you do, keep your dignity and don't make the mistake of coming down to their level, because it never helps in the long run.

I wish you the best of luck in this matter.

Cheers,
Dee.


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RE: Where do I stand??

get a rooster

gat a very powerful stereo (if they like classical play some Peaches, if they like Peaches play some classical)

buy lots of dynamic lifter

or invite them over for a BBQ


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RE: Where do I stand??

If your shrubbery overhangs the boundary then your neighbours are the owners of the overhanging vegetation. They are entitled to trim anything back to the boundary line but they are NOT entitled to throw the trimmings back onto your property. They own the trimmings and must dispose of them appropriately. They cannot throw their garbage over the boundary line and this is no different. I cannot understand why you can't build a fence on top of the retaining wall. Is the wall on the boundary line? If so, then before construction your neighbours were required to consult with you and to first engage a Consultant Surveyor to correctly mark the boundary to ensure that the wall is built to the correct alignment. If they didn't do this then there is a potential problem in regard to exactly who is the owner of the retaining wall. If it is entirely within the bounds of their property then you are entitled to build a fence parallel to the retaining wall and on the correct alignment. Your neighbour is required, by law, to contribute 1/2 the cost of the common fence.


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RE: Where do I stand??

g'day melmat,

i know this is not going to be easy but you realy need to get back on speaking terms with your neighbour, give a bit to get a lot.

then you can say to them that you will come over as regular as they want and prune back all your overhanging stuff, this way it gets done with the care and attention you require.

yes they can cut your overhang back but it must be done with due care and attention, hacking or wanton destructive antics won't be allowable, and yes they can just drop this stuff back over the fence actually i think the law requires they do that as they could be considered stealing if they kept it.

with the fence you can build your own higher fence inside the boundry line but don't damage the original fence that could cause other issues, and remember there will be regulations stating the height of any fence. then maybe a higher fence won't stop all the overhang problem anyway.

go on invite your neighbour over for a nice cup of tea under your tropical shade you have created, and have a happier new year. humble pie can taste a whole lot better than litigation.

len

Here is a link that might be useful: lens garden page


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RE: Where do I stand??

This is an issue that I am passionate about, as my own neighbours often annoy the living crap out of me. I look forward to the day that any of them makes an issue of my garden, as it will signal the commencement of WWIII, whereupon I will raise every incident of screaming kids, barking dogs, late-night power-tool use and drunken partying that I have had to endure.

Seriously, I think we are all in much the same predicament - nowhere near enough space between ourselves and our neighbours (and I know people on a hectare who have similar issues), but I guess we do have to take some responsiblity for any of our plants which overhang our neighbours yard. I've been fortunate to date, but it will only take one neighbour to move out and be replaced by someone who dislikes my Poinciana ....

Personally, I dream of being surrounded by mad gardeners whose trees and shribs form a dense hedge along my boundary - it would save me growing my own purely for the sake of privacy.


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RE: Where do I stand??

I'm afraid they ARE entitled to foist cut-off branches back on you. The matter is covered briefly in a Qld Justice Dep't leaflet (you can scroll back up re the fences).
However what you describe sounds more like spite. There is no need to disfigure your trees or damage your plantings in the process.
However, I agree with Len, who is a sensible bloke with a lot of world experience. Over the years I have had neighbours come and go, and various issues of THEIR weeds, noise, dogs kids & fences have arisen. When my mum was younger, I often feared for range wars, very unpleasant. Now she has less mobility that's one "problem" removed, and now we are in a lull of good neighbours both sides.
Your home should be your castle, nothing is more uncomfortable than having your space, your privacy and your peace taken away.
But a gentle approach often causes the aggressors to back off. At least, you will have tried.
And Artie, when you find that paradise that some of us like-minded folk would share, we'll be on the truck mate with our garden in tow!!!

Here is a link that might be useful: neighbours - trees and fences issues


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RE: Where do I stand??

I am with Alison and Len on this. If you raise the emotional temperature you will still lose. They are by law entitled to trim stuff to their boundary and return it to you.

I had this happen to my garden at the last house we had and it became even worse with my neighbour digging down to any roots that were in his property and poisoning them, so I lost all sorts of shrubs etc. We never became friends but we developed a sort of tolerance after a talk. Always stay calm and if you feel you are going to blow up take a few minutes out to cool down.


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RE: Where do I stand??

Hi Alison,

Perhaps there is something in this for a *far-sighted* developer. How is this for a covenant:

1. No block less than a 1/2 acre
2. Minimum easement between blocks of 5 metres, to be planted out by the developer prior to any blocks being sold
3. All homes to built to environmental best practices (passive cooling, water tanks, solar etc)
4. Complete landscape plan to be submitted with house plans, for approval by both council and existing residents
5. Maximum of two dogs per block, again subject to approval by existing residents
6. At least 30% of the total estate area to be landscaped parkland

Yeah, I'm sure this would cost a bomb, and probably seems a little totalitarian, but what price sanity ? I dont imagine that such a development would attract those who dislike gardening (or, at the very least, dislike gardens..), so it should be a case of marketing to an informed buyer. Yes, I really do have to stop dreaming up there Utopian societies :)

Alternatively, we have the Hundscheidt option : buy up the houses around you, landscape them and rent them out to tenants who have to agree to your terms re maintenance etc. Either way, I'm about $400K short of where I need to be.

Happy Trails,

Artie


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RE: Where do I stand??

  • Posted by melmat Brisbane Qld (My Page) on
    Sun, Feb 12, 06 at 23:13

Thanks for the great advice everyone!!Firstly I'd love to build a fence but legally I can't due to the height of this damn wall.Secondly since I caught my neighbour in my property cutting down my bamboo with a chainsaw to supply his mate with some NO I am not planning to reconsile anytime soon.I suppose you just have to appreciate and look after the good neighbours you have and get on with it.Why don't you do something for that nice neighbour today.Let them know you appreciate them.


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RE: Where do I stand??

He sounds a bit cheeky, that is theft, vandalism and trespass.

Sounds like you need a good guard dog or better yet, a very large life-like rubber snake to guard your plants :)

Did they get council permission to build the retaining wall and was it built properly by professionals as an unsafe retaining wall could fall.


 
 

 

 


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