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Encroachment of tree roots,Any council rules?

    58 responses

Xiem starts with ...
I have had this problem in the past. The next door (absentee) landlords had a huge street tree in their front yard which took all the water from adjoining gardens. It really was an inappropriate tree for its position. On the other side of me I had a neighbour who let invasive wild (hackberry) seedlings grow on the fenceline. These large "aggressive" trees are seeded by birds and quickly monopolise surrounding areas. It is very frustrating. Often these people are ignorant about gardening or just plain selfish. For root invasion a ditch digger along the border every year or so would probably be an effective control but I never resorted to this because of the expense, and damage to my own garden.
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Diego
 
23rd April 2012 3:13pm
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Mike says...
SG there was a time when I was like you.I had a huge jacaranda and leucaena squeezing me on one side and silky oak,glochidions,bleeding hearts and others rooting and hanging over my side.Boy did those stray roots hoover up alot of 'apple sauce'.Now the problem is gone and for a while I was showered with mulch.
Local laws generally don't go into enough clarity with such matters and property rights are also unclear with subterranean issues.If you confine your control efforts to your side you should be on solid ground.It also sound like those hackberries need hacking and some 'apple sauce' as well.
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Mike30
Cairns
23rd April 2012 4:40pm
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VF says...
Local laws can also hinder the owner of some problem trees. You can have problems removing inappropriate trees that you may have planted yourself, as local law may prohibit you to remove any plant larger than a certain height or circumference. Or even when making a fire break around your home - the previous owner of my property was fined $20,000 for removing gums that were a fire hazard.
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VF
Wongawallan
23rd April 2012 6:22pm
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Mike says...
I bet the council wouldn't fine people now for clearing fire breaks.Owners who engage in recreational dozing of threatened regional ecosytems under the banner of making fire breaks should cop it.A modest firebreak and taking out trees posing fire risks especially in rural residential areas should be mandatory and not penalised.It is a different situation from being imposed upon in suburbia by 'biological pollution' from the neighbour.
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Mike30
Cairns
23rd April 2012 6:45pm
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amanda says...
That case is a bit unfair isn't it VF? There are "subtle" ways of removing trees in this instance ;-)
Fire is such a serious issue here that my Shire would likely make me take those trees out...sigh.

SG...the only thing I can suggest is asking them to assist you with the costs of inserting a geotextile root barrier?
Perhaps you could mention to them that under Common Law they may be responsible for any damage to your property - caused by root intrusion from their tree...?

Tread softly, softly ;-)
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amanda19
Gerladton. 400km north of Perth
23rd April 2012 8:07pm
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amanda says...
(ps SG - here is a quick link that I just Googled..haven't really read it tho and it's QLD but it does mention "Nuisance trees" and Common Law)

http://www.justice.qld.gov.au/__data/assets/pdf_file/0012/21630/review-of-neighbourly-relations-trees-discussion-paper.pdf
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amanda19
Gerladton. 400km north of Perth
23rd April 2012 8:12pm
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Original Post was last edited: 23rd April 2012 8:17pm
Mike says...
Councils and dept of justice grapple with definition of nuisance trees,risk to infrastructure,owners etc and usually don't want to get involved.For tree roots unless they are threatening public utilities it could be difficult.Sometimes it is better to seek forgiveness than permission or just put it down to phytophthora.
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Mike30
Cairns
23rd April 2012 8:25pm
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Mike says...
Especially if a cyclinder worth of micronutrients and tub of borax lands on top of that.
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Mike30
Cairns
23rd April 2012 8:47pm
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amanda says...
:-D The best murder is always the one that is not traceable, for sure..
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amanda19
Gerladton. 400km north of Perth
23rd April 2012 9:10pm
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Julie says...
sg, I think councils may vary in their rules, but not sure. I had a pamphlet which laid out the rules, but it's gone now. Check with your local council.

Even though there are rules, that doesn't mean anyone is going to enforce them for you.I gave up, because it would have meant going to court, and I'm not the kind of person who enjoys that. I have considered 'murder', but never followed up.



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Julie
Roleystone WA
23rd April 2012 10:53pm
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VF says...
"Fertilising" sounds the way to go...
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VF
Wongawallan
24th April 2012 7:17am
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john says...
Sounds like you are attacking the fabric of our society. If I was as po-faced as the person who deleted my post entitled "Hasta La Vista,Costa" I think I also could justify deleting this thread.
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john53
sydney
24th April 2012 9:03am
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amanda says...
Sounds like it was a Personal post/comment/attack John....that's a no-no remember..? We are just discussing ferrtilisers here...
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amanda19
Gerladton. 400km north of Perth
24th April 2012 10:27am
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Xiem says...
Good to see a moderator at work on this forum. Peace at last.
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Diego
 
24th April 2012 12:46pm
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Mike says...
The gravity of the infringement is equivalent to that of inciting someone to plant a shrub on a council easement.I think john has a point about freedom to comment on a garden show presenter.The station wouldn't keep him as host at the costa ratings unless he is being groomed for another role.The ratings race in this slot has long been like the tortoise and the hair so it might not matter.
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Cairns
24th April 2012 4:19pm
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amanda says...
I am not bothered by my posts being deleted here - but I can't understand why SG's was? He was just asking a regular question..?
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amanda19
Gerladton. 400km north of Perth
24th April 2012 6:04pm
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Mike says...
john that last sentence is not helpful.It is not usually considered a personal attack to make comments on the performance of those in the public arena.This could be an actors' performance or outfit, or a singers new track.Why should a TV garden presenter be any different?
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Cairns
24th April 2012 6:40pm
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snottiegobble says...
All John`s posts will be deleted until he learns to respect other peoples opinions &
trolling will no longer be tolerated on this forum. We are ALL supposed to be like-minded in our love of gardening & especially growing fruit!
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snottiegobble
Bunbury/Busso
24th April 2012 8:09pm
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snottiegobble says...
Thanks for the link Amanda, it certainly gives me "fuel" when I approach the local council this week!
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snottiegobble
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24th April 2012 8:40pm
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john says...
All SG comments will be deleted . Overbearing ,self important attitude will not be tolerated on this forum.
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john53
sydney
25th April 2012 7:09am
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amanda says...
Hey c'mon - let's find a way around this problem..?
Maybe if we just report anything we think might be 'dodgy' to Correy - rather than delete it ourselves...? Let him decide instead?

Spam and outright abusive posts should be our main concern perhaps..?

(Mike, in the past topics have been started just to stir things up...not because they have any merit as such...but you are right - and the topic would be one to report to Correy instead...?)

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amanda19
Gerladton. 400km north of Perth
25th April 2012 10:11am
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snottiegobble says...
All details of deletions have been sent to Correy for his perusal. https://www.daleysfruit.com.au/forum/encroachment-of-tree-roots-any-council-rules/
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snottiegobble
Bunbury/Busso
25th April 2012 11:22am
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GardeningAustraliaWanabee says...
Daleys wouldn't waste their time reading why some irrelevant person decided to delete other people's posts.
Small minds for small people.
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GardeningAustraliaWanabee
 
25th April 2012 8:37pm
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amanda says...
Please.
Pictures - Click to enlarge

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amanda19
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25th April 2012 9:02pm
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snottiegobble says...
I am approaching my local council tomorrow to pursue 'common law rights; & a request for removal of dangerous overhanging branches. I think that I will be responsible for costs re. any root cutting on my side, but oh well, sh--- happens.
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snottiegobble
Bunbury/Busso
26th April 2012 12:17am
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amanda says...
Worth a try SG...the only other option is raised beds, that I can think of, to get away from the roots.
It would be so much easier and cheaper if barriers were put in place when the trees were planted perhaps...
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amanda19
Geraldton. 400km north of Perth.
26th April 2012 9:10am
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Xiem says...
I'm not sure that raised beds are a solution to root invasion. Nor barriers. I have seen how roots can get into a concrete covered sewer and block it completely, probably starting with an explorer root finer than a human hair. A ditch witch will cut the roots off at the fenceline but at what intervals the trenching has to be repeated is the unknown factor.
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Diego
 
26th April 2012 9:39am
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snottiegobble says...
The roots just go where the moisture is & they are quite happy to turn right angles & climb over barriers, so I found out in Vic, with my own trees!
I think you are right Xiem, but does the ditch witch actually cut thru the roots or do you have to be in attendance with a chainsaw?
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snottiegobble
Bunbury/Busso
26th April 2012 1:04pm
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Xiem says...
The ditch witch will certainly cut finger-thickness roots but with fat ones you will need an axe, dear Henry. An axe will make a clean cut that you can "dose" with your elixir of choice. If you are going to stick a chainsaw in the dirt, it might be preferable to use a hired one.
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Diego
 
26th April 2012 2:52pm
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Julie says...
The local orchardists run a trench digger round the perimeter of their orchards every couple of years, to deal with invasive eucalypt roots.

A root barrier cost me a lot of money, but only worked for about a year.
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Julie
Roleystone WA
26th April 2012 6:24pm
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amanda says...
That's no good Julie!? What kind of membrane/barrier was it? (so I know to avoid it in future :)

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amanda19
Geraldton. 400km north of Perth.
26th April 2012 6:29pm
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MJ says...
Julie, I'm also looking at extensive use of a root barrier... Do you recall what it was?
MJ
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Perth
27th April 2012 6:23pm
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Julie says...
No, but I might be able to find out. It was black plastic - that's all I can remember,not geotextile. Is that better?
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Julie
Roleystone WA
27th April 2012 8:08pm
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amanda says...
Geotextile is very different - I will see if I can find a pic or such :)
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amanda19
Geraldton. 400km north of Perth.
27th April 2012 8:39pm
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amanda says...
Mine more like this...a polyester type stuff?
Wish I had taken a pic of the acacia roots trying to get into the sub surface dripper retic now...! They totally over rated as "nursery trees" I think! They are rapacious.

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amanda19
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27th April 2012 10:34pm
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MJ says...
Julie, was it a stiff black plastic? The one I'm consdidering is several mm thick, and comes in different "depths".

Amanda, I think I know the sort of think you're referring to and I've sent an email. They won't get it until Monday, though.
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4
Perth
28th April 2012 9:47am
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Julie says...
That sounds like it MJ. It's possible the type of trees could affect how useful it is. I have a row of Eucalyptus grandis on the other side of the fence. The roots just went down and under.

They are enormous!
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Julie
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28th April 2012 6:35pm
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Mike T says...
Julie, flooded gums are one of the big trees on the tablelands around here and get over 50m tall.That species used to hold the world record for the fastest to reach 100 feet tall.I could not imagine many trees as imposing along a boundary.Perhaps the 'apple sauce' would work better than a barrier.
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Cairns
28th April 2012 8:18pm
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MJ says...
Crumbs! Nothing around here that it 50m, so hopefully it will work. I was planning to use it as a border along my various areas, and then use a geotextile elsewhere.
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Perth
28th April 2012 8:41pm
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Mike T says...
MJ it is just the flooded gums send up red flags for all sorts of reasons like being a firelover,brittle and a whopper...eventually.
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Cairns
28th April 2012 9:05pm
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amanda says...
MJ - you are trying to keep roots 'in' rather than 'out' aren't you...? It should be much easier to intall an intact barrier at the planting stage (so roots can't escape) but I am wondering then if you would get poor root development...

I have only seen root barriers used like this for big bamboos...

Has anyone seen it used as a 'retainer' for fruit trees?
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amanda19
Geraldton. 400km north of Perth.
29th April 2012 9:25am
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Julie says...
Mike, I didn't want to actually get rid of them, just contain the roots so they didn't invade my garden. But I do have a huge Camphor laurel (not mine) right on my border which takes all the water and nutrients from my orange trees, as well as shading them.

So - 'apple sauce'? Can you email me at
julwood at iprimus dot com dot au and tell me more about it. Maybe I'm being dim, but I'm lost here!
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Julie
Roleystone WA
29th April 2012 8:27pm
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Mike T says...
Julie I dug a containment ditch some years ago along one boundary and cut through some big roots.For a while it was like holding back the tide and in a moment of clarity I decided to strike back and dish it out.On reflection IO'm glad I did.
When people ask me to name my poison I usually say bourbon.What I should say is my brew of choice in the garden is blackberry and tree killer from bunnies with a dash of glyphosate diluted to about 60%.
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Mike T
Cairns
29th April 2012 8:45pm
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snottiegobble says...
Looks like it will be 'Bourbon' for my problem too! Local council says " We dont get into those sort of disputes, you will need to contact Legal Aid!"
Can you believe that? Sadly its a beautiful tree & all I wanted was for these huge branches hanging over my side to be lopped but no she refuses & hopes a smaller one will hit the fence (asbestos) so we get another one.( insurance)
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snottiegobble
Bunbury/Busso
30th April 2012 11:41pm
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Mike says...
SG I hope you don't mean you're taking up drinking instead of gardening.It is all very predictable and the problem tree will no doubt be getting on the 'sauce' as well.
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Cairns
1st May 2012 12:43am
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Xiem says...
I commiserate with you SG. I go along with Mike's suggestion to take up drinking. Trouble is, now that you have made an issue of the tree, you can't touch it. Should anything happen to it, you will appear guilty even if you aren't. If you are entitled by law to lop overhanging branches, then perhaps you could get a lawyer to send a letter to the neighbours telling them of your proposed action. But it would be a pity to have to resort to legal channels.
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Diego
 
1st May 2012 9:41am
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snottiegobble says...
Who would think that just cutting a few roots off on my side of the fence ( which I`m entitled to do) would have such a devastating effect on a 20 mtr tree??? Ahem!Ahem! Now to ring 'Dial before you Dig'.
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snottiegobble
Bunbury/Busso
1st May 2012 1:07pm
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MaryT says...
Just make sure you don't end up having a 20M tree on top of you, SG. Proceed with care.
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MaryT
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1st May 2012 3:49pm
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Mike says...
Luckily trees usually fall in the opposite direction of the severed roots.
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Cairns
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MaryT says...
I hope my neighbours are not reading this, Mike. I'm the one with the tree ( I didn't plant it!)
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MaryT
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Original Post was last edited: 2nd May 2012 7:14am
MJ says...
Amanda, I do want to keep roots mostly in. I've got a call in to that geotextile company to see what they'd recommend.
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4
Perth
1st May 2012 8:41pm
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snottiegobble says...
Mike,thats just what I need to hear "trees usually fall in the opposite direction of the severed roots" Bottle of Johnny Walker Black Label coming your way!
Err, just kidding! :-)
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snottiegobble
Bunbury/Busso
3rd May 2012 7:26pm
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Mike says...
SG sorry if I misled you with that statement.Replace 'usually' with nearly always' and it may be closer to the truth.The same is the case for most trunk damage.I didn't even name my poison.
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Cairns
3rd May 2012 7:33pm
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snottiegobble says...
Ah! trunk damage, is that similar to beer gut, or even worse Coke belly??
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snottiegobble
Bunbury/Busso
3rd May 2012 7:45pm
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Mike T says...
SG large urban mammalian foragers (my friend john yesterday) can reduce your net productivity as much as tree roots.Flying foxes,birds,bugs and bandicoots cause fewer losses than these marauders.
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Cairns
6th May 2012 6:35am
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VF says...
Got to watch out for those Homo Sapien var. sweet-toothicus critters that descend on your garden, often arriving in familly groups.....
Good picture - gave me a smile!
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VF
Wongawallan
6th May 2012 7:02am
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snottiegobble says...
Mike T yes a good speciMAN, & obviously one whose diet is often at your place!!
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snottiegobble
Bunbury/Busso
6th May 2012 5:47pm
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Mike T says...
Man, the urban gatherers have excellent timing with fruit ripening.He did track down brazil spinach and ackee for me but made his getaway yesterday fully laden.
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Cairns
6th May 2012 7:09pm
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MaryT says...
And I bet you were doing the loading, Mike. You are always so generous. Does anyone ever leave your place empty handed? :)
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MaryT
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6th May 2012 7:26pm
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