By Sbenham
Australia 
Hi John, my neighbour has photinia started as a hedge, new home owner now wants it to grow as a tall tree up to the 2nd storey roof line. The issues are; there is a 5' 4"concrete retaining wall between us, plus 1.8 mt bond fencing and this trees are planted about 250cm along boundary line. Just imagine the weight that the retaining wall is supporting. Neighbours would not like to trim it down as the want it for privacy.What more privacy they want when I am more than 5' below. My biggest concern is the retaining wall which will be costly to replace, the roots of the trees are invading my yard and swimming pool and all the leaves and the tiny flowers that just go thru the skimmer basket and block up the filter, block the clothes line and gutter, birds nesting over night that create so much noise and mess and neighbour using ??gun to scare birds away but later return anyway. Their response to my request is that the retaining wall is not cracked yet & the fence is straight. Do we wait until the problem comes or do some prevention now.I have seen 6 roots already invading my yard about the size of my wrist. What do I do? I am elderly woman with a very sick husband (stroke+dementia) that still at home. We have not use our s/pool for the last 5-6years because I cant kept up the cleaning with all the mess from their trees. My research on this plant is; narrow spaces-no, heritage-no, drive ways- no, maximum ht. 5m... this over now. What to do? Thanks for your input.
7 Sep, 2015
Answers
Good advice.
And you are within your rights to get someone in to remove the roots which are in your yard. In UK law you are entitled to remove any branches which overhang your property as well (though as these legally belong to your neighbour you are supposed to return them to him - better to mention to him first that this is what you are going to do!)
There is nothing you can do to enforce him to remove the tree(s) growing on his own property. Are the problems about flowers , leaves and birds already happening?
7 Sep, 2015
You might be better to contact a local organisation for advice on the local regulations - there is an organisation in Canberra, similar to the UK Citizens' Advive Bureau - http://www.contactcanberra.org.au
I'm sure they would put you in touch with your state/city organisation if you're not in Canberra.
7 Sep, 2015
Have a look at this website www.mondaq.com/australia/x/108460/Environmental Law/Changes To The...
7 Sep, 2015
Don't know too much about Aussie property rights but if the tree is on their property there is nothing you can do other than to get a survey to see on who's property the retaining wall lies and to get a civil engineer over to look at the retaining wall and access it's current soundness. If there is a problem, the civil engineer would give you an idea of how best to handle the situation.
7 Sep, 2015