Browse Forums General Discussion Re: Damage to neighbours tree roots on my property - liabili 2Mar 13, 2010 10:21 am Check with your local council for your legal rights. My belief is that any part of their tree (branches / roots) that cross the line onto your property, you can do what you like with.
Re: Damage to neighbours tree roots on my property - liabili 3Mar 13, 2010 10:59 am Tell them you're concerned with the tree roots coming up under your slab and cracking it and that you'd like the tree chopped down ---------------------------------------- Building the PD Lisbon 24 http://www.porterdavis.com.au/#homeviewer/lisbon/24 Blog of our progress. http://lisbon24.blogspot.com/ Homeone build thread https://forum.homeone.com.au/viewtopic.php?f=31&t=28665 Re: Damage to neighbours tree roots on my property - liabili 5Mar 13, 2010 5:06 pm It's a bit complicated. Branches are easy, you can trim them (as long as you don't kill the tree in the process) and return any prunings to your neighbour. Roots are trickier and might land you in the middle of a legal battle. There's some info here: http://www.envirolaw.org.au/resources/trees As a first step, I'd be talking to the council, especially to check if there are tree protection planning overlays that apply. Re: Damage to neighbours tree roots on my property - liabili 6Mar 15, 2010 11:57 am Yep you could be liable, best bet is to get a consulting arborist report (share the cost), they will advise the best way for the work to be done and not kill the tree. Also the report will show how their tree is encroaching on your property if you need to go to court etc. Re: Damage to neighbours tree roots on my property - liabili 7Mar 15, 2010 12:18 pm yes you could indeed be liable. Someone I know had plumbing problems and they started putting rootox (i can't remember what its called) root killer stuff, they put it down their toilet frequently and the neighbours tree started to die and council fined them big time for damaging the tree as well as the massive expenses to replace the cracked pipes Re: Damage to neighbours tree roots on my property - liabili 8Mar 15, 2010 1:59 pm Surely that is only for significant trees not just any old tree?!! How ridiculous! I will speak to the council because its a little bit too late anyway (work is being done as we speak and I have no desire to stop it!) Re: Damage to neighbours tree roots on my property - liabili 9Mar 15, 2010 2:08 pm Mindboggling. It really would be ridiculous if an inappropriately planted tree on an adjoining property can interfere with what you do on yours? Btw any idea what sort of tree it is? Re: Damage to neighbours tree roots on my property - liabili 10Mar 15, 2010 2:42 pm whats really mindboggling is the same neighbour complained about our tree pushing the fence over and the shade from it causing their lawn not to grow (!!) We had it removed but for our reasons not theirs, and now their tree is pushing the fence over and they are doing nothing about it and complaining about the possibility that their tree might die!! I'm not sure what kind of tree it is - its not very nice thats all I know about it. I think I will stick my head in the sand about it to be honest! Re: Damage to neighbours tree roots on my property - liabili 12Mar 15, 2010 2:58 pm You would probably also be liable if the tree dies or is permantly damaged, something along the lines of destruction of your neighbours property and landscape. Their insurance company will look after any damage to their property if it falls etc, its more the criminal liable for wrecking the tree that might effect you. DIY, Home Maintenance & Repair 3 pipes are coming from upstairs bathroom. 40mm from bathroom sink, 50mm from shower and another 50mm from the bathtub. Highly unlikely that any of these will be open at… 2 852 I thought this would be a popular question but I haven't been able to find any similar posts. Perhaps I'm wording my searches wrong? When you have car insurance and the… 0 6623 |