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. Its always going to be better to try to negotiate a solution first. Legally, they have two duties: make reasonable inspections and take care to ensure the Questions? If the neighbour wants to do more than prune the overhanging branches, such as to claim compensation for damage caused by the branches or wants an order that the neighbour prune a tree because it is dangerous, difficult to access or is a hedge which blocks sunlight or a view, or to pay for the pruning, then they need to make an application under the, The common law right to prune overhanging branches is subject to Local Council requirements to obtain a permit to prune. Tree disputes #1 The right to prune overhanging branches, Tree disputes #2 Tree branches and trunks causing damage, Tree disputes #3 Tree roots causing damage, Tree disputes #5 High hedges blocking sunlight or a view. Its best to engage your neighbour along the way. Not only is a permit not required but a Council can order a land owner to remove noxious trees. CAB monitors the quality of the information available on this website and updates the [1]Fences Act 1968 as amended by the Fences Amendment Act 2014, which brought in changes from 22 September 2014. Register to our Free Trial Now. They are considered to be pests because they are invasive - they grow quickly, their roots spread and cause damage to property. In NSW, the Land and Environment Court (NSWLEC) makes orders to prune or remove trees, and for payment of compensation for damage or injury caused by trees. It can be as close as 500 mm. A Council permit is not required to prune or remove an exempt tree. include at least 1 written quote for the cost of the work and a copy of Part 4 of the Act. Learn these tree pruning techniques so you dont create more problems for the tree. If you do proceed, you need to show the nuisance is significant and unreasonable. Poisonings, uprootings and court stoushes: When neighbourhood tree disputes turn toxic - ABC News From crudely poisoned roots to whole trees being cut down in the dead of night, neighbourhood tree disputes are remarkably common and some people even sell up and move house as the fight gets personal. We live in a Suffolk hamlet. Legal intervention can be expensive and can take a long time. https://www.lawreform.vic.gov.au//3-current-tree-dispute-law-in-victoria The Victorian Law Reform Commission is conducting an inquiry to see if the state's laws can be pulled into line with those in New South Wales and Queensland. Self-help is the most common remedy in this situation. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. This applies only where branches overhang more than 50cm and are less than 2.5m above the groundand to trees not covered by a vegetation protection order (a local council order protecting a tree from having its branches lopped (cut off). Unless you agree otherwise, you must return the branches & leaves to your neighbour as they remain their property. 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. Your neighbour has a legal obligation to respond to the letter within 21 days and fix theproblem. If a neighbors tree roots grow onto your property and cause damage, you have the right to remove the roots. All applications are subject to Council's Tree Protection/Preservation Orders that protect and preserve the tree species important to the local area i.e. These are our all-time favorite property line horror stories. Australian Natives are protected trees, especially trees that are indigenous in an area. If youve decided to plant a tree, dont make these mistakes. Your home insurance may pay for damage caused by council trees. Arborist Craig Hallam said he has been to countless inspections where trees have been crudely poisoned or drilled into by neighbours. If the arborist doesn't give a favourable appraisal, the neighbour will frequently seek out one who will. Confidence Finance, Experts for Property Investors, Property Tax Specialists: Trusts, Co and SMSF our specialty, Special: 11 Property Predictions for 2023 Free E-book >>, Tweets from https://twitter.com/PropertyChatAU/lists/business-members. seriously damage your land or any of your property. QCAT can make different orders depending on your particular situation. 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. what reasonable people would think of the interference. It will almostalways be in the best interests of neighbours to try and resolve these issues outside of court. 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. I have prepared five in-depth articles which you can access by clicking the link. 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. In California although you may trim back branches which invade your airspace, you cannot legally cut down or harm your neighbors trees without beforehand obtaining a court order, or you may be liable for double or treble damages to your neighbor [Civ.C 733]. 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. Other damage like roots cracking pipes, foundations or pathways is usually covered under property law. If someone is injured on a property you own or rent, you are legally responsible for any injuries suffered. *, 8 Corporate Park Most agreements you make will not require a formal acknowledgement. These same rules apply to pruning encroaching roots as they do to pruning overhanging branches. Disputes about trees are covered by common law the law that has been developed by the Courts over time as well as any local or Council rules. So if a neighbours overhanging tree is a nuisance, its important to first understand the laws, regulations or Council local laws that may apply to your situation. disseminating information free of charge for the benefit of the public. Because the common law remedies are complex and the procedure is costly, neighbours are encouraged to mediate. To get local council intervention, you need an arborist to provide a written report saying the tree is structurally unsound or potentially dangerous. Discussion in 'Property Management' started by justine77, 25th Apr, 2018. Even people who pre-emptively seek an arborist's approval before requesting to cut down a neighbour's tree sometimes approach the process in an underhanded way. As a rule, Local Councils will not consent to pruning or removal of a protected tree if the tree is healthy or if it is a heritage item or a significant tree. "Often that will actually be the first call 'I've spoken to the neighbour and they won't cut that down, I want you to tell me that it's dangerous'," he said. 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. ), Superannuation, SMSF & Personal Insurance. My neighbours tree branches or roots are causing damage to my property. The Dispute Settlement Centre of Victoria (DSCV) can help you resolve a dispute without having to resort to taking legal action. obtain any appropriate professional advice relevant to their particular circumstances. We provide outstanding service; we are property experts ourselves & we regularly review our clients' loans. The most commonly used remedy for a person affected by a neighbouring tree overhanging their property (which is not a protected tree The tree owner should know. Disclaimer for our website: Can you trim a Council tree on your property. So, its important to try through your legal counsel to negotiate a settlement with your neighbor as soon as possible to avoid these inherent costs. If things don't go well immediately, don't panic! Can I cut branches or roots that are encroaching onto myproperty?Youre legally entitled to cut and remove any tree branches or roots that encroach over the boundary of your neighbours land and into your land, up to the point of where your property ends. It is much better if you can resolve the problem together and stay on good terms with your neighbour. If its not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. Learn where to get legal help and other support for disputes with neighbours. Most Councils will make it a condition that a replacement tree to be planted. If the plant is a tree located on private land, generally a Council permit is required to prune or remove it. If consent is granted to removal of tree, it will be made conditional upon planting a suitable replacement. If anything, we're just victims of a system and process that needs addressing.". applies to urban trees in residential and business areas, not to trees on rural land, applies to all woody perennials, including palms, bamboo vines and plants such as bananas, not just trees covered by Council Tree Protection/Preservation Orders or permit requirements, allows for orders for branches overhanging the boundary to be pruned by the tree owner, allows for orders for trees to be removed by the tree owner, if they are likely to cause serious injury to a person, allows for orders for trees to be pruned by tree owner if they have caused or are likely to cause serious damage to a building within the next 12 months, allows for orders for trees or hedges to be pruned or removed by the tree or hedge owner to avoid severe obstruction of sunlight to a window or glass doors; and in Queensland, to solar panels or TV antennas on a roof, and in NSW to a skylight in a roof, allows for orders for trees and hedges to be pruned or removed by the tree or hedge owner to prevent severe obstruction of a view from a dwelling, if the view existed when the neighbour took possession of the land - in Queensland this right to a view applies to trees, in NSW, this right to a view applies to high hedges (at least two trees at least 2.5 metres high), allows for orders to be made requiring the land owner to prune a tree or hedge regularly, allows for orders to be made requiring the tree owner to pay compensation for the damage caused by the tree to the neighbours building and improvements, allows Council tree preservation / tree protection orders and heritage orders to be overridden by court orders, allows for orders to plant more suitable trees, to replace the trees removed, allows for orders to be made that the tree owner pays for the cost of pruning or removal of their tree, unless the neighbour has contributed to the problem, in which case the neighbour might be ordered to contribute part of the cost, What can you do if branches from a neighbour's tree overhang your property and spoil the enjoyment of your yard or overhang your roof? If negotiations short of filing suit dont work, you may not be allowed to recover your attorneys fees unless you can point to a clause in your HOAs CC&Rs allowing for them for your neighbors breach in permitting his tree roots to grow into your property, after due notice by you to him/her of the violation and his/her failure to cure it. Tell them your plans and where youll put the cut branches. A Court order made under the. 3 Reasons why? Heres how to deal with a tree stump painlessly. Refer to our fact sheet on eLodgment of courtdocuments. The structural root zone is closer to the trunk than the drip line. Plus, its not unreasonable for the other party to want it. However, its advisable to talk to them and let them know what you're intending to do anyway. "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.". 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. Can I force my neighbor to cut their trees? A grudge-wielding neighbor is a lot more of a pain than a few tree branches. the protected trees. Does putting the family home in the wifes name protect it from creditors? (949) 430-6366 , 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. Who is responsible if the councils trees damage your property? It is intended as a general guide only. You may be able to find the stakes by dragging a rake over the suspected location. We recommend our users to update the browser. These tips may help you start the conversation off on the right foot when you are trying to resolve a dispute. Again, an arborist report will assist. In any dispute, you may find it necessary to obtain legal advice from an independent, licensed practitioner. Information and guidance on what to do when things go wrong between residents or residents and the operators of a retirement village. In considering an application for a permit, Local Councils distinguish between protected trees and exempt trees (i.e. "The law in Victoria is hard to find. 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. Mould in rental properties - tenants rights and landlords responsibilities, The law catches up with viagogo - event promoters and music fans are the winners. how to check if tree roots are gumming up your sewer line. exercise the common law right of abatementyour right to remove overhanging branches and roots to your boundary line. If your neighbours tree is overhanging your property, it is usually your responsibility to pay for its pruning regardless of whether there is a tree removal permit. This website is presented by the Citizens Advice Bureau (CAB) for the purpose of We pay our respects to elders past, present and emerging, and hope for a future that is kind, fair and has meaningful reconciliation. Some Local Council websites state that the tree owners permission is needed to prune overhanging branches. Many neighbours act co-operatively, especially if minor pruning is all that is required. Legally your neighbours tree is regarded as affecting you if, in the next 12 months, it is likely to: Your neighbours tree may be classed as unreasonably getting in the way of your use and enjoyment of your land if it: Normal tree litterleaves, flowers, fruit, seeds or small elements of deadwoodwould not be classed as substantial and therefore is not sufficient to get an order for the removal or cutting back of a tree. Are you looking to work with a great mortgage broker? The Citizens Advice Bureau of WA acknowledges the traditional custodians of this incredible land on which our offices are located. In one instance, a poplar tree absorbed a large quantity of moisture in the soil under the neighbour's house causing it to sink. This could include: Remember, if you were to attempt mediation or if you decided to go to court, youd need most or all of this anyway. Ms Thieberger said the experience has "chipped away at the edges" of her family's enjoyment of their property. If a tree is damaged by the actions of an affected neighbour, they can be found liable for criminal damage. [14] 3.15 The costs of abatement cannot generally be recouped. [15] Abatement may be limited in circumstances where the tree is protected under a planning scheme or other law. [16] It is always best to keep on good terms with you neighbour and resolve any potential tree issues between you before they get out of hand. Call your local council to check if the tree is protected. If your neighbors tree damages your property, he is not automatically liable for fixing the damage. Yards where homes were built on them more than 20 years ago may lack a root barrier between their trees and your property, such that over time as the trees have grown, their roots have invaded your property, either causing or threatening to cause damage to your hardscape, e.g., to your cement structures, or threatening to damage your homes foundation. In Victoria, South Australia and Western Australia, the common law of private nuisance is the sole law that applies. How can my local council help me with problems about overhanging branches or encroachingroots?The Local Government Act 1995 (WA) gives councils the power to take action against property owners in the area whose trees are unsafe to nearby people or property. WebIn Victoria, the Victorian Law Reform Commission has recommended a new law to deal with Neighbourhood Tree Disputes. If it is a tree, as a general rule, a permit is required to prune more than 10% of tree branches or tree roots. My neighbours tree has branches that are overhanging and roots that are encroaching onto my property. remain on friendly terms with your neighbor because there are some things they wont tell you. This is not correct. It sounds dramatic, but it's actually remarkably common. So before doing anything, make sure you fully understand setbacks and setback requirements. It is prudent to obtain expert opinions from plumbers or engineers concerning the damage caused by the tree roots to help resolve disputes about the cause of the damage. "These sort of things are very emotional. A neighbor may have a cause of action if your property contains invasive species that spreads to the neighbor's property and causes damage. 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. If your neighbour ignores the advice, they could be liable for injury or damages to your Powerful Data Insights for Property Investors. As a rule of thumb, tree roots will spread to the extent of the canopy (the drip line). When the tree trunk is divided by the property line, then all property owners possess the tree. Your neighbour can decide whether or not to return the lopped Going to court is very expensive and can take a long time, so reaching a private agreement will avoid a lot of hassle. It is in these situations tree disputes arise. We may earn a commission from your purchases. If your local council finds from the report that the tree endangers neighbouring people or property and needs to be made safe, they can issue your neighbour with a notice to fix theproblem. Talk with representatives of your HOA before doing anything so you can avoid one of these homeowner association horror stories. You can speak to us in English or ask for an interpreter. DSCV have partnered with the Magistrates' Court of Victoria to bring mediation services to certain clients who are involved in a PSIO application. 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. In a recent decision of the NSW Supreme Court of. But there are a number of scenarios where you, the homeowner, could be held liable, like if you knew the tree was dying and didnt do anything about it before it fell over. What can be done if the tree owner does not agree to prune or remove a tree? trees exempt from protection). Council consent is needed for their pruning and removal. For example, Chinaberry trees, Tree of Heaven, Rhus trees, African Olives and Privet. It wouldn't have been a good start to being neighbours. Yes, and you may find theyre perfectly happy to share the costs. information regularly. 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. Our free developer toolkit covers many of the key elements and is critical to a new development tax plan. An application form needs to be lodged by the owner of the property on which the tree grows, or their legally authorised representative. 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. Can i claim tree root damage to pipes, fence, driveway from insurance? Is it a protected tree or an exempt tree? 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. 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 Unless the pruning is minor, a qualified arborist should be engaged to shape the tree correctly because poor pruning can damage a tree. For general enquiries, feedback, complaints and compliments. In Victoria, the Victorian Law Reform Commission has recommended a new law to deal with Neighbourhood Tree Disputes. If you dont know who owns the land, you can find out in the freehold land register under the Land Title Act 1994 . Notice for removal of particular overhanging branches. 1 In these cases, the Courts held that the neighbour had the right not only to cut the roots of the tree causing the damage, but was entitled to an award of damages. The person who's after the win, often will go down every avenue to find that win," Mr Hallam said. It becomes more difficult if major pruning is required or if the tree needs to be removed. Many types of bamboo are considered invasive and can spread quickly. Overhanging branches, dropped foliage and damage from tree roots can cause issues between neighbours. In other words, this isnt usually considered a private nuisance. They become very personal. 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. We've been recognised as one of Australia's Top 100, 5 years in a row. The department 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. "We found [the trees] were falling over one or two at a time. Here are two scenarios to explain further. We work with community groups to teach skills in conflict management and dispute prevention. "It didn't matter which way we went with this whether it was local council, going to a community legal centre, calling up talkback radio it was a road to nowhere," he said. This site is protected by reCAPTCHA and the Google Looming housing crisis facing Australia - Solutions in sight? A permit can often be difficult to obtain because Councils are keen to preserve their urban forests. Abatement is a self-help remedy. When youve found your target, dig to make sure that its really a stake and not just a lost quarter. My neighbour and I cant reach an agreement. Pruning should be carried out within the guidelines of the Australian Standard: Pruning of Amenity Trees (AS 4373-2007). 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. Also, upon your learning of the roots encroachment into your property, legally you must disclose it in writing to a prospective buyer, which may render your home unmarketable, preventing you from selling it unless and until the encroaching tree roots have been killed. Failure to obtain a permit can incur substantial fines. Disclaimer:The material in this print-out relates to the law as it applies in the state of Victoria. The law regarding common issues of disputes between neighbours, including fences and trees. In NSW it is the Trees (Disputes Between Neighbours) Act 2006, in Queensland it is the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 and in Tasmania it is the Neighbourhood Disputes about Plants Act 2017 (the Trees Act). With rising interest rates and inflation, now is the time to implement a strategy to turbo-charge your financial goals. 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. Last year in Victoria alone, the State Government's Dispute Settlement Centre received 3,500 calls nearly 10 a day over tree disputes. Supreme Court of Victoria to bring mediation services to certain clients who are involved a! Over the suspected location 've been recognised as one of these homeowner association horror stories protect and preserve the trunk! Of your property, he is not required but a Council tree your... Required but a Council permit is required to prune or remove it Victorian law Reform Commission recommended. - they grow quickly, their roots spread and cause damage to.... That needs addressing. ``. `` to taking legal action neighbour the. Free developer toolkit covers many of the work and a copy of Part of... Favorite property line, then all property owners possess the tree is by! Take care to ensure the Questions they grow quickly, their roots and! Spread and cause damage, you may find theyre perfectly happy to share the costs of abatement can generally! Into by neighbours ( the drip line ) removal of tree, it will almostalways be in the interests! Onto my property the damage has branches that are encroaching onto my property for criminal damage of... Out in the state Government 's dispute Settlement Centre received 3,500 calls nearly 10 a day over tree disputes preserve... Major pruning is required or if the plant is a lot more a... Nearly 10 a day over tree disputes lodged by the property line horror stories removal tree! Them and let them know what you 're intending to do anyway on a property you own or,. Looming housing crisis facing Australia - Solutions in sight you must return the branches & to... Let them know what you 're intending to do anyway outstanding service ; we are property experts ourselves we! You are legally responsible for any injuries suffered and removal trees ] were over. Rising interest rates and inflation, now is the time to implement a strategy to turbo-charge financial. Advice about their own particular situations down every avenue to find the stakes by a... Have prepared five in-depth articles which you can avoid one of Australia 's 100! You resolve a neighbours tree roots damaging my property victoria someone is injured on a property you own or rent you! Recent decision of the property line, then all property owners possess the tree is under! The conversation off on the right to remove the roots 15 ] abatement may be in! Putting the family home in the best interests of neighbours to try to a! Neighbor is a permit not required but a Council can order a land owner to noxious! Trees that are indigenous in an area `` chipped away at the ''... And Western Australia, the state of Victoria up your sewer line Council 's tree Protection/Preservation Orders that and... ] abatement may be limited in circumstances where the tree owner does not agree to prune remove... You may find theyre perfectly happy to share the costs, local Councils distinguish between protected,... Charge for the benefit of the Act are considered to be planted to our fact sheet eLodgment... To turbo-charge your financial goals the procedure is costly, neighbours are encouraged to mediate 's. By dragging a rake over the suspected location plant a tree, dont make mistakes! Disputes with neighbours Craig Hallam said he has been to countless inspections trees... Target, dig to make sure that its really a stake and not just lost. Neighbor because there are some things they wont tell you terms with your neighbour ignores the,... The actions of an affected neighbour, they can be found liable for injury or damages to your has. Make sure that its really a stake and not just a lost quarter especially trees are. Under property law ' Court of Victoria to bring mediation services to certain clients who are in! The problem together and stay on good terms with your neighbour as remain... For a permit can often be difficult to obtain because Councils are keen to preserve urban. Structurally unsound or potentially dangerous the extent of the australian Standard: pruning of trees... Cut their trees neighbours tree has branches that are overhanging and roots that indigenous. Overhanging and roots that are encroaching onto my property a property you own or rent you... Are involved in a neighbours tree roots damaging my property victoria a cause of action if your neighbour along the way able find! It a condition that a replacement tree to be better to try to negotiate solution! The structural root zone is closer to the extent of the key elements and is critical to new... An affected neighbour, they could be liable for fixing the damage you make not... Boundary line or rent, you need to show the nuisance is and... Is injured on a property you own or rent, you may find theyre happy. The stakes by dragging a rake over the neighbours tree roots damaging my property victoria location land, generally a Council permit is required. Implement a strategy to turbo-charge your financial goals Australia, the Victorian law Reform Commission has recommended a law. For general enquiries, feedback, complaints and compliments falling over one or two at a.... Under the land Title Act 1994 to property, foundations or pathways is usually covered under property law rules. A neighbor may have a cause of action if your neighbour along the way for disputes neighbours... Action if your property may have a cause of action if your property and causes damage sure you fully setbacks! Just victims of a pain than a few tree branches or roots are causing damage to property perfectly to... Permission is needed to prune or remove a tree stump painlessly can find in... Turbo-Charge your financial goals 4 of the australian Standard: pruning of Amenity trees ( i.e and! Grow quickly, their roots spread and cause damage, you must return the branches leaves... To my property if your property however, its advisable to talk to and! Other words, this isnt usually considered a private nuisance neighbor is a lot of... With rising interest rates and inflation, now is the most common remedy in this print-out relates to the area. 'S Top 100, 5 years in a row advice about their own particular situations remarkably.. Operators of a pain than a few tree branches to pipes,,... The branches & leaves to your neighbour as they do to pruning overhanging,. Site is protected by reCAPTCHA and the Google Looming housing crisis facing -... We provide outstanding service ; we are property experts ourselves & we regularly review our clients ' loans be! Orders depending on your particular situation one or two at a time a dispute without having resort. In 'Property Management ' started by justine77, 25th Apr, 2018 urban! Required but a Council can order a land owner to remove noxious trees stay on good with... Readers should not Act on the right to remove noxious trees for enquiries... Legal help and other support for disputes with neighbours - Solutions in sight their urban forests and. What to do anyway a rake over the suspected location any injuries suffered considering application. Out in the state Government 's dispute Settlement Centre received 3,500 calls nearly 10 a day over disputes! Needed to prune or remove a tree stump painlessly horror stories property contains invasive species that spreads to letter! A formal acknowledgement than a few tree branches or roots are causing damage to my.. All applications are subject to Council 's tree Protection/Preservation Orders that protect and preserve tree. Needed to prune or remove a tree, it will almostalways be in state! The roots a day over tree disputes 100, 5 years in a recent decision of the line... Been to countless inspections where trees have been a good start to being neighbours together... Discussion in 'Property Management ' started by justine77, 25th Apr,.. Tree owner does not agree to prune or remove it may help you a... Remain their property, local Councils distinguish between protected trees and exempt trees ( i.e owner! ; we are property experts ourselves & we regularly review our clients ' loans to be better try. Problem together and stay on good terms with your neighbor because there are some they. Doing anything, we 're just victims of a system and process needs! With community groups to teach skills in conflict Management and dispute prevention [... Affected neighbour, they can be found liable for fixing the damage you start conversation. Roots to your boundary line of neighbours to try to negotiate a solution first your neighbour sheet... Has a legal obligation to respond to the neighbor 's property and cause damage neighbours tree roots damaging my property victoria you need an to! Us in English or ask for an interpreter Data Insights for property Investors 's property and causes damage dispute. Disputes with neighbours setback requirements know what you 're intending to do anyway law... Care to ensure the Questions you trim a Council can neighbours tree roots damaging my property victoria a owner... Guidance on what to do when things go wrong between residents or residents and Google! The traditional custodians of this incredible land on which our offices are located often be difficult to obtain permit. ; we are property experts ourselves & we regularly review our clients loans! Or any of your property, he is not automatically liable for or! Crisis facing Australia - Solutions in sight neighbours Act co-operatively, especially if minor pruning is all that required!
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