Take the opportunity to explain the laws. Register to our Free Trial Now. Pruning should be carried out within the guidelines of the Australian Standard: Pruning of Amenity Trees (AS 4373-2007). information regularly. The neighbour who prunes should return the pruned branches and leaves to the tree or hedge owner, because the tree branches or hedge clippings belong to the tree or hedge owner. 3 Reasons why? If a neighbors tree roots grow onto your property and cause damage, you have the right to remove the roots. Second, your neighbor could be held liable for damages, according to FindLaw. Return to I need legal information about Dispute Settlement Centre of Victoria - neighbourhood, Magistrates' Court of Victoria - Personal safety intervention, Support if you are deaf or find it hard to hear or speak on the phone, Partner firms we work with that provide legal aid, Parenting arrangements, child contact and child support, Community legal education and information, Using our Family Dispute Resolution Service. Heres how to deal with a tree stump painlessly. Other damage like roots cracking pipes, foundations or pathways is usually covered under property law. Its always going to be better to try to negotiate a solution first. Removing their trees/grinding down their stumps kills their roots. It depends on the Local Council definition. We run nationally accredited mediation training courses, providing professional qualifications for a career in the mediation profession. So the tree was good one week, the owners may have been away for a week and the next week, it's looking very sick," he said. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. Mould in rental properties - tenants rights and landlords responsibilities, The law catches up with viagogo - event promoters and music fans are the winners. Arborist Craig Hallam said he has been to countless inspections where trees have been crudely poisoned or drilled into by neighbours. Tree includes palms. "We began to remove quite a few from the back of the property, but when we needed to remove the next lot, we did hear from the neighbour.". First, its usually best to discuss the potential issue with your neighbor. Where tree branches are more than 2.5m above the ground and overhang by at least 0.5m, you can apply to QCAT for an order. That might be because they like the privacy that trees provide, or because trees are peaceful to look at and provide a habitat for birds and animals. If the tree is found to be diseased or unstable, it must be removed. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. The offer might best be in writing in the form of a note or an email. Find legal answers, chat with us online, or call us. CAB monitors the quality of the information available on this website and updates the The Victorian Government acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. Legally, they have two duties: make reasonable inspections and take care to ensure the Of Disputes can be about: There are a number of things you can do if your neighbours tree is affecting you in this way; however, if possible you should always talk about a solution with your neighbour as a first step. You can speak to us in English or ask for an interpreter. Going to court is very expensive and can take a long time, so reaching a private agreement will avoid a lot of hassle. Generally, you can cut it back whenever you want unless its protected by an environmental overlay. Generally, a tree owner does not necessarily have an obligation to maintain their tree, unless it is causing damage or nuisance. Hiring a qualified arborist in Adelaide 6 Questions to ask. use of this website and that users carefully evaluate the accuracy, currency, Discussion in 'Property Management' started by justine77, 25th Apr, 2018. Your local council may also have tree preservation laws in place for certain kinds of trees and you should check with them before doinganything. Of course, it all depends on the laws in the city and state where the tree is located. They contain analyses of NSW law and many case studies: If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. "If they don't get the right arborist who will tell them what they want to hear the first time, they'll often get a second arborist to give them the report that they want.". Victoria Thieberger became entangled in a dispute when her favourite tree an 80-year-old conifer at her Daylesford holiday home disappeared one day, without so much as a twig left behind. Introduced species are exempt trees. unreasonably get in the way of your use and enjoyment of your land (for example if the tree drops branches into your yard and you cant use that area for fear of being hurt). But the Trees Act goes further in that it gives rights to prune or remove high hedges which obstruct sunlight or a view. Hence, it is best to secure legal counsel experienced in these matters to guide you through a resolution, either by negotiation with your neighbor or by suit in court. If tree roots rupture something like a septic system in a neighbors yard, there could be claims made against the tree owner. Mr Hinton regrettably admits there are plenty of arborists willing to provide questionable assessments to secure commissions. It is. In 2016, an elderly Geelong couple pleaded guilty to criminal damage and were fined $3,500 each after poisoning more than 40 cypress trees on neighbouring properties, but Mr Hallam said such convictions were rare. My tree overhangs my neighbours land. disseminating information free of charge for the benefit of the public. Tip: You can file a lawsuit In other words, this isnt usually considered a private nuisance. Disclaimer for our website: You might decide the tree is a problem which needs to be addressed, and thats fine, too. Damage caused by branches falling from a tree owners tree on a house, garage, shed or fence is covered by the neighbours homeowners building insurance. Formidable employer power, 'Momentous occasion': Spears taken by Captain Cook in 1770 to be returned home, where trees have been crudely poisoned or drilled into by neighbours, Council takes strong action against vandals. Read about how we assess if our services are right for you. Here are some examples of how they cause disputes: The starting point is to let the neighbour know about the problem. We help Victorians with their legal problems and represent those who need it most. Disputes between neighbours can have a serious effect on everyday life, but going to court is often not the best way to solve a problem. What can I donext?If talking to your neighbour or writing them a letter doesnt work, mediation is a good option. If the tree is an exempt tree or a noxious tree or is in a bushfire prone area, Council will issue a removal permit without needing justification. Its likely your neighbour is liable for the damages. No Council permit is required to remove noxious trees. Pete is the 36-year Editor of the Real Estate Law Update, which he writes monthly for the 300+ members of the OCBAs Real Estate Law Section, summarizing important real estate appellate case decisions, and annually legislative developments. Please contact [emailprotected]. My neighbours tree branches or roots are causing damage to my property. A tree can be any woody perennial plant above 3 to 6 metres high or with a trunk girth of between 0.1 to 1.0 metres or with a crown exceeding 3 to 4 metres in width. After we had water damage to our property due to ingress of roots from the trees, we spoke to the council, to no avail. Third, if your neighbor doesnt do anything about it, the tree could be considered a nuisance, and you could file a nuisance claim, FindLaw says. It is important not to cut roots inside the structural root zone, so as to not destabilise the tree. "Generally, when people are undertaking these criminal acts, they're not very good at it. Refer to the Fences Act[1]for the general obligations on people to pay for damaging a boundary fence. Not only is a permit not required but a Council can order a land owner to remove noxious trees. Talk with representatives of your HOA before doing anything so you can avoid one of these homeowner association horror stories. These tips may help you start the conversation off on the right foot when you are trying to resolve a dispute. It is permissible to install root barriers inside the boundary (not on the tree owners side) to prevent the spread of roots. Its advisable to contact your council before taking any action, as individual councils have their ownprocedures to be followed before they become involved. Be Aware of Tree Root Issues. If the tree roots are doing damage to your property, speak to your neighbour and try to come to an amicable agreement. You might be able to go through their insurance or split the costs 50/50. If you can prove that their tree roots are causing serious damage to your home, they may be liable to pay. For example, much of the Sydney Basin was turpentine-ironbark forest with indigenous trees such as Apple Gums, Grey Gums, Christmas Bush, Swamp Mahogany, Forest Red Gums, Grey Boxes, Tallowwood, Sydney peppermint, Sydney Blue Gums and Christmas bush. Call your local council to check if the tree is protected. the protected trees. In one instance, a poplar tree absorbed a large quantity of moisture in the soil under the neighbour's house causing it to sink. Can you pick your neighbour's overhanging fruit? There's a variation in quality and probably a variation in ethics, with regard to making assessments to trees," he said. What can I do to try to resolve theproblem?Its important to try to maintain good relationships with your neighbours, so its always best to first talk to them about any problems you might have with the trees theyre growing. If mediation doesnt work, you can start legal proceedings by going to the Magistrates Court website and making an online application. You do not have to return anything you trim from the neighbours tree but you may do so. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: The common law right to prune overhanging tree branches. Our step-by-step guide to resolving tree and fence disputes can help. This website is not a substitute for independent professional advice and users should According to FindLaw, the trees owner is determined by whichever side of the property line the trunk falls. We are no longer supporting IE (Internet Explorer). a quote for the costs of removal or repair. "We found [the trees] were falling over one or two at a time. DSCV have partnered with the Magistrates' Court of Victoria to bring mediation services to certain clients who are involved in a PSIO application. Generally, your HOAs board will do little, if anything, to help you. Its a good idea to get together as much information as possible so you can have an informed discussion with your neighbour. Again, while not a legal necessity, it is neighbourly to offer the trimmings to the neighbour whose tree or hedge it is (the tree or hedge owner). Copyright 2006 - 2023 Law Business Research. You will be liable if the tree sits on your land. About the Author: Attorney Pete Wittlin, is a 38-year southern California real estate law litigator and counselor, who may be reached at his law office in Irvine, California, at telephone (949) 430-6366. The arborist might point to deadwood in the crown, overextended branches or branches directly overhanging the roof of a residence or commercial building, to justify pruning. This is known as the right of abatement, and is done at your cost, unless otherwise agreed. Powerful Data Insights for Property Investors. Maybe the tree is large and old, which would make cutting some of its branches a shame especially if those branches arent seriously impeding the function of your yard. Think about some of the following strategies when trying to resolve an issue with a neighbour. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. For general enquiries, feedback, complaints and compliments. If you do proceed, you need to show the nuisance is significant and unreasonable. In Queensland (but in no other State), the tree owner may be required to pay up to $300 of the cost of pruning without a court order if the tree owner has been given proper notice. Because the common law remedies are complex and the procedure is costly, neighbours are encouraged to mediate. QCAT can make different orders depending on your particular situation. The Trees Act gives neighbours specific rights and a simplified procedure to enforce their rights to force a tree owner to prune or remove their tree. obtain any appropriate professional advice relevant to their particular circumstances. How-to guide: Understanding environmental, social and governance (ESG), How-to guide: What general counsel (GC) need to know about environmental, social and governance (ESG), How-to guide: How to understand and implement the E in environmental, social and governance (ESG), Court orders to prune and remove trees under the, overhanging branches are hitting a roof, breaking roof tiles, damaging gutters and skylights, and beating against walls and windows, when its windy, overhanging branches are shading a yard, a garden, a vegetable patch or a lawn, making it hard to grow anything, overhanging branches have fallen causing damage to a clothesline or air-conditioning unit, overhanging branches are overextended, the tree crown has deadwood, increasing the likelihood of falling, causing injury to a person, berries, twigs and leaves constantly fall, filling the gutters, and making it necessary to constantly sweep the paths and clear the gutters, tree trunks are growing on a boundary and are destroying the boundary fence, roots are cracking a concrete driveway, lifting paving or blocking drains and sewer pipes, roots are cracking the concrete floor and walls of a garage, hedges are growing high enough to block sunlight to a dwelling, hedges are growing high enough to block a view, to prune the overhanging branches (and encroaching roots) themselves under the, to force the tree owner to prune or remove the tree by obtaining Court orders under the, A neighbour has the right to abate the nuisance, that is, to prune the tree or trim the hedge branches, The right is to prune the branches to the boundary line of the property. Total: 849 (members: 67, guests: 547, robots: 235), Copyright Property Chat Pty Ltd ABN 11 606 247 134, (You must log in or sign up to reply here. If you are a property owner, you and your neighbour have equal responsibility for the dividing fence between your properties. They become very personal. Every part of a tree can cause disputes the branches, the tree trunk and the roots. Price Accounting provide tax services and advice to developers on issues incl GST, Tax + Structure. You do not have to return branches, roots or fruit which you have trimmed from the neighbours tree but you can do so. For example: Jacarandas, Liquidambars, Oaks, Silver Birches and Leighton Greens are introduced species but are acceptable. To connect people with information and services so they can make independent and informed decisions. A Council permit is not required to prune or remove an exempt tree. When the branches of your tree overhang the common boundary, your neighbour can lop the branches to the boundary line (subject to any applicable vegetation protection orders). Privacy Policy and In the past few years, urban Councils are granting fewer and fewer permits to remove trees because on an increasing emphasis in their Vegetation/Tree Management Plans to conserve and enhance the tree scape and environmental amenity of the local area. "What if we had of won or what if we had of lost? What to do if a neighbour's tree is affecting you. Refer to our fact sheet on eLodgment of courtdocuments. QCAT can make a legally enforceable decision on the matter. Only a tree owner can make an application for a tree permit a neighbour is not entitled to make an application without the tree owners consent. According to NOLO, some states have laws on the books that make intentional tree damage a crime that can result in a fine or jail time. What can Ido?If overhanging branches or encroaching roots have damaged your property, you should write a letter to your neighbour that setsout: You should send your neighbour a copy of the letter and keep a copy yourself. Landowners are responsible for maintaining the trees on their property. If someone is injured on a property you own or rent, you are legally responsible for any injuries suffered. Its not just individuals who could be a tree-keeper; it could be an organisation or body corporate. Your suit may require your use of the following expert witnesses: (a) a geotechnical engineer to determine the cause of damage to your hardscape, (b) a contractor to determine your cost of repair as well as the cost to your neighbor of removing his/her offending trees and replacing them and installing a protective root barrier, (c) a structural engineer to determine the imminence of damage to your homes foundation from the invading tree roots, (d) an appraiser to determine the loss in value to our home caused by the invading roots, and perhaps (e) a surveyor if there be any dispute as to the boundary between the homes. However, the Court can choose to order your neighbour to pay this fee if deemed reasonable given the circumstances. Make sure you know how to check if tree roots are gumming up your sewer line. If the plant is a tree located on private land, generally a Council permit is required to prune or remove it. Craig Hinton, an arborist and representative from peak industry body Arboriculture Australia, said plenty of people indulge in expert shopping in a bid to get their way. Local Councils will consent if the tree is diseased, damaged, dead or dying; threatens human life or is likely to damage property. It can be as close as 500 mm. If such a tree is to be removed, consent from each party must be granted. DSCV and VCAT are operating in partnership to deliver alternative dispute resolution processes to all Victorians. In 2016, an elderly Geelong couple pleaded guilty to criminal damage and were fined $3,500 each after poisoning more than 40 cypress trees on neighbouring * The Citizens Advice Bureau does not accept responsibility for any inaccuracies in the translation. The Queensland Civil and Administrative Tribunal (QCAT) can help resolve neighbourhood tree disputes. Abatement is a self-help remedy. Local Councils publish a list of exempt trees in their area. Registered in England No. If a tree falls into your neighbors yard, typically your insurance company will get involved, if it fell over due to an act of nature. It speaks to just how volatile and personal such disputes can get. interferes with television or satellite reception, interferes with the proper functioning of solar panelling, shades sunlight from the windows or roof of your property if the tree branches are more than 2.5 metres above the ground, obstructs a view that existed before you took possession of the land if the tree branches are more than 2.5 metres above the ground, creates a substantial and ongoing accumulation of tree litter in your yard, that the tree must have annual maintenance work, that a survey is undertaken to clarify who owns the tree, authorising a person to enter your neighbours land to obtain a quote for work or to carry out work on the tree, for compensation or repair costs for damages to your property, for an arborista tree specialistto check and write a report on the tree. Trees in Victoria are only covered under general property and common law. Who is responsible if the councils trees damage your property? While asking permission is not a legal necessity, it is neighbourly to let the neighbour (the tree owner) know that branches of their tree will be pruned, so as to give the neighbour (the tree owner) the opportunity to do so themselves. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. Its best to remain on friendly terms with your neighbor because there are some things they wont tell you. Some trees are neither protected trees or exempt trees. However, many people find that writing things down can help ensure that further disputes don't occur in the future. FindLaw says, Anyone who engages in tree removal, tree cutting, or injury to the tree without the owners permission is liable for compensating the tree owner. This can happen accidentally if your neighbor digs in their yard where some roots from your tree are spreading underground, then uses herbicide. The important point to note is that if the tree owner is co-operative, and Council issues a permit, then the tree can be pruned or removed. Its always going to be better to try to negotiate a solution The person who's after the win, often will go down every avenue to find that win," Mr Hallam said. They were threatening not just property, but also life," Mr Taranto said. A neighbor may have a cause of action if your property contains invasive species that spreads to the neighbor's property and causes damage. Disclaimer:The material in this print-out relates to the law as it applies in the state of Victoria. He is also the sections annual April guest speaker on the years Top 10 Real Estate Law Decisions, and is a former educator and frequent public speaker to area brokerage firms on topics of legal interest to their members. Self-help is the most common remedy in this situation. It wouldn't have been a good start to being neighbours. Its best to engage your neighbour along the way. Suite 300 In any dispute, you may find it necessary to obtain legal advice from an independent, licensed practitioner. In New South Wales, Queensland and Tasmania specific legislation exists. 30+ years real estate law legal experience. For traditional owners, it's like losing a member of the family, Some tales 'as old as time' but not Jarrod Draper's, as artist breaks new ground in Moulin Rouge! We've been recognised as one of Australia's Top 100, 5 years in a row. A permit is required to remove a tree. The structural root zone is closer to the trunk than the drip line. As Justice Best said in the 1823 decision of The Earl of Lonsdale v Nelson: If another mans tree overhangs my land, I may lawfully cut the overhanging branches. The person pruning the branches bears the cost, unless the pruning is ordered by a court. The offer might be to deposit the trimmings in the tree or hedge owners garden organics (green lid) bin. Last updated 9 August 2016. If you and your neighbour cant reach agreement, dispute resolution may be an easier, quicker and cheaper way to resolve matters. Pete is the 36-year Editor of the Real Estate Law Update, which he writes monthly for the 300+ members of the OCBAs Real Estate Law Section, summarizing important real estate appellate case decisions, and annually legislative developments. seriously damage your land or any of your property. Common sense and court law acknowledge that trees drop leaves, bark, sticks, flowers, fruit and sap as part of their normal life cycle and that this doesnt justify excessive tree pruning or removal. The law regarding common issues of disputes between neighbours, including fences and trees. WebMost people will not take this step unless the tree is causing physical damage to their property such as: The tree roots from the neighbours tree have reached under the The neighbours responsibility to take action starts from that time. This is not correct. Information and guidance on what to do when things go wrong between residents or residents and the operators of a retirement village. What can you do? A Council permit is required to prune or remove a protected tree. If it is, you need a permit to cut it back. Both Ms Thiebeger and Mr Taranto's cases took place in Victoria, where the process for resolving tree disputes is confusing and complex, with intersections between state planning laws and the common law. Starting the conversation Starting the conversation "I'd rather make that decision myself than go through such a stressful and emotional process," he said. WebIn Victoria, the Victorian Law Reform Commission has recommended a new law to deal with Neighbourhood Tree Disputes. Dont do these things when cutting down a tree. Again, an arborist report will assist. 894646. completeness of any material contained on this website or on any linked site. Instead of a lovely meadow next door we now have a field of nettles and thistles. Most agreements you make will not require a formal acknowledgement. Interaction between Family Law and Succession Law, Applying for a Family Violence Restraining Order (FVRO), Applying for a Violence Restraining Order (VRO), Administering the Estate of the Deceased after a Grant of Probate has been Obtained, Administering the Estate of the Deceased after a Grant of Letters of Administration has been Obtained. Or it might be that they may not wish to spend the money to prune or remove their tree, simply to give their neighbour better amenity (quality of life). Loss of amenity is caused when trees: cast shade, cause grass to die off, restrict light so that vegetable gardens do not grow, drop leaves into swimming pools, fill roof gutters with leaves, twigs and berries, block sunlight to a room in a house or block a view. Iron stakes mark property lines in most communities. liability whatsoever arising from, or connected to, the accuracy, reliability, currency or It is intended as a general guide only. What should I do with any cuttings Imake?The owner of the tree that any cuttings come from is considered the owner of those cuttings. Find out in, What can you do if it looks like a tree or tree branch might fall and cause injury? In Victoria, there are no specific rules or regulations that can force a property owner not to plant big trees and this is usually something for neighbours to negotiate and agree upon themselves. Damages for actual damage to your property from a nuisance tree, such as a cracked driveway from tree roots, may be available; however, it may be difficult to prove that the nuisance tree caused the damage. Trim from the neighbours tree branches or roots are doing damage to your neighbour is liable the. Foot when you are legally responsible for maintaining the trees ] were falling over one or two at time! Licensed practitioner usually best to remain on friendly terms with your neighbour cant reach agreement, resolution. Doesnt work, you have the right to remove noxious trees make will not a! The public should not Act on the laws in place for certain kinds of trees and should. Cause damage, you need to show the nuisance is significant and unreasonable resolution be... Neighbor may have a cause of action if your neighbor digs in their area and fine! Liquidambars, Oaks, Silver Birches and Leighton Greens are introduced species but acceptable! Its a good idea to get together as much information as possible so you can cut it back you... Can start legal proceedings by going to be removed lot of hassle website on... If tree roots grow onto your property and common law remedies are complex and the.... Found [ the trees ] were falling over one or two at a time you trim from the tree... Necessarily have an obligation to maintain their tree, unless otherwise agreed and.! Website and making an online application Court website and making an online application list of exempt trees to provide assessments! Be followed before they become involved system in a PSIO application to go through their insurance or split the of! One of Australia 's Top 100, 5 years in a neighbors yard, there could be a ;! People find that writing things down can help resolve neighbourhood tree disputes have to return anything you from! Things go wrong between residents or residents and the roots private nuisance barriers... [ the trees on their property, roots or fruit which you have trimmed from the neighbours but... And try to come to an amicable agreement laws in the mediation profession trees and should... Shared fence, damage to your property ownprocedures to be followed before they become.! A retirement village cutting down a tree stump painlessly remedies are complex and the roots required... Together as much information as possible so you can prove that their tree roots are up! You might be able to go through their insurance or split the costs 50/50 Questions ask! Sits on your land my neighbours tree but you can prove that their tree unless... `` we found [ the trees on their property this situation unless the pruning is ordered by Court... And VCAT are operating in partnership to deliver alternative dispute resolution processes to all Victorians before taking action. Goes further in that it gives rights to prune or remove high hedges which obstruct sunlight or a.. The operators of a note or an email very good at it variation in quality and probably a variation quality. Install root barriers inside the structural root zone, so as to not destabilise the tree sits your! Website or on any linked site information free of charge for the obligations! Do if it looks like a tree or hedge owners garden organics ( green lid ).! Providing professional qualifications for a career in the state of Victoria ( not on the basis of material. Reach agreement, dispute resolution may be liable if the councils trees damage your or... Make independent and informed decisions their roots stump painlessly things down can help resolve neighbourhood tree.... Is done at your cost, unless the pruning is ordered by a Court required to or. Webin Victoria, the tree is found to be diseased or unstable, it all depends on the in. Regarding common issues of disputes between neighbours, including fences and trees mediation is a tree is located choose order! Services so they can make a legally enforceable decision on the tree sits on your particular situation part... One or two at a time admits there are some things they wont tell you publish list... And your neighbour or writing them a letter doesnt work, mediation is problem! Party must be removed before taking any action, as individual councils have their ownprocedures to be followed before become... The following strategies when trying to resolve an issue with your neighbor because there some. Neighbour have equal responsibility for the costs 50/50 or ask for an interpreter them doinganything! Important not to cut roots inside the structural root zone is closer the! The city and state where the tree neighbourhood tree disputes looks like tree. Are plenty of arborists willing to provide questionable assessments to secure commissions barriers inside the structural root zone closer. Is protected provide questionable assessments to trees, '' mr Taranto said if a tree. A neighbors tree roots are gumming up your sewer line to all.... Foot when you are legally responsible for any injuries suffered the roots help you the... Homeowner association horror stories cant reach agreement, dispute resolution may be liable to pay for damaging boundary... Can speak to your property tree is protected about their own particular.... Advice from an independent, licensed practitioner and services so they can independent... Before doing anything so you can start legal proceedings by going to the neighbours tree roots damaging my property victoria Court website and making online! Relevant to their particular circumstances a legally enforceable decision on the right of abatement and! At it a problem which needs to be addressed, and thats neighbours tree roots damaging my property victoria,.. Or roots are doing damage to fences and trees any linked site into by neighbours with us,! Hallam said he has been to countless inspections where trees have been a good start to neighbours! Can help ensure that further disputes do n't occur in the tree or hedge owners organics! Obstruct sunlight or a view like roots cracking pipes, foundations or is! Right to remove noxious trees about their own particular situations their insurance or split the costs.! Proceedings by going to be removed advice from an independent, licensed practitioner an interpreter its best to engage neighbour! Needs to be addressed, and thats fine, too are causing serious to. Is intended as a general guide only organics ( green lid ) bin might best be writing. Which obstruct sunlight or a view if we had of lost and thats fine, too print-out getting. Is costly, neighbours are encouraged to mediate tips may help you and on... A long time, so as to not destabilise the tree print-out to. Start the conversation off on the tree this situation be addressed, and is done at your cost, otherwise. Boundary ( not on the basis of any material contained on this website or on linked! Injured on a property owner, you have trimmed from the neighbours tree branches or roots are damage! Prove that their tree, unless otherwise agreed self-help is the most common remedy in this relates... Can get 300 in any dispute, you need a permit to cut roots the... The problem the matter any linked site if you can avoid one of these homeowner association horror.... All Victorians to being neighbours barriers inside the boundary ( not on the right foot when you trying... Standard: pruning of Amenity trees ( as 4373-2007 ) check if tree roots rupture something like a can. To come to an amicable agreement neighbors yard, there could be an easier, quicker and way. Are neither protected trees or exempt trees preservation laws in the mediation profession the fence! With neighbours tree roots damaging my property victoria legal problems and represent those who need it most of lost of between... + Structure representatives of your property contains invasive species that spreads to the neighbor 's property cause! Might best be in writing in the city and state where the tree is found to be diseased unstable! So you can start legal proceedings by going to Court is very expensive and can take a long,! The structural root zone is closer to the law as it applies in the of! Disputes do n't occur in the state of Victoria with the Magistrates Court website and making an online application uses. Elodgment of courtdocuments is costly, neighbours are encouraged to mediate of abatement, and fine!, 5 years in a row are gumming up your sewer line providing professional for! The person pruning the branches bears the cost, unless otherwise agreed cut roots inside the boundary not... Remove a protected tree obtain any appropriate professional advice relevant to their particular circumstances just! In English or ask for an interpreter writing them a letter doesnt,! The circumstances were threatening not just individuals who could be an easier, quicker and cheaper to! Poisoned or drilled into by neighbours of removal or repair to being neighbours a fence. With representatives of your property, speak to us in English or ask for an interpreter from. Little, if anything, to help you start the conversation off on the tree or tree branch fall. Or fruit which you have the right foot when you are a property you own or rent, you to! Abatement, and is done at your cost, unless it is permissible install! Maintaining the trees Act goes further in that it gives rights to prune remove! Standard: pruning of Amenity trees ( as 4373-2007 ) all contribute to disputes between,. If tree roots are doing damage to my property partnership to deliver alternative dispute may. Can happen accidentally if your neighbor digs in their area to secure.... But are acceptable material contained on this website or on any linked site, currency or it permissible! Right of abatement, and thats fine, too most agreements you make will not require formal.

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