So the solution we adopted was to have a specialist drainer cut away the roots and install a plastic pipe within the old clay pipes. From the above it is clear that the court will only order the removal of a tree should the roots pose a real and immediate threat of damaging the property. Council of the City of Botany the NSW Supreme Court held that a council was liable in nuisance and in negligence for damage to private land caused by tree roots on council owned land. What can I do? Can I prune it? Neighbours don’t have to contribute to any cost involved in removing offending branches or roots. What is the best way to deal with this? What about Council trees? A neighbour’s tree causing damage to your property can be a source of conflict. If your neighbour ignores the advice, they could be liable for injury or damages to your property. If the tree is five metres or over in height or five meters or over in canopy width (click here for diagram), you will need Council permission to do any pruning of branches or tree roots.If your neighbour consents to the pruning, it is best for them to lodge the required application form with Council. Another issue may arise if the tree that is overhanging or has encroaching roots belongs to the Council. Question: There is an enormous tree in my next-door neighbour’s garden and its roots are running everywhere, like something from the Tomb Raider film. The only thing to be careful about are tree or vegetation protection orders, which need to be complied with even if it’s not your tree. It is definitely doing damage to my front wall and garage. It’s furthermore conceivable for them to expand a little too big thus there is a possibility of them harming the person’s residence if perhaps just about anything happens to the tree. A tree owner has a duty to do what is reasonable in all the circumstances to prevent or minimise the risk of interference with or damage to the property of his neighbour where: (a) he knew of the encroachment of the tree roots or branches or ought to have been aware; and (b) there was a reasonably foreseeable risk of damage to property or enjoyment of it as a result of the encroachment. And I dug up the holly trees whose roots had destroyed his drains. When it comes to property damage from a neighbor's tree roots, the general rule is that any part of the tree encroaching onto your property is your responsibility, including maintenance. any roots, fruit, branches you remove from your neighbour's tree remain your neighbour's property. The above sounds good. The roots have cracked a pipe on my property and Ive recently noticed another root which is squashing another pipe against my concrete slab. A NEW LAW IN NSW CONCERNING TREES & NEIGHBOURS JUDY FAKES ABSTRACT In late 2006, a new piece of legislation regarding trees and neighbours was enacted in the NSW State Parliament. It’s likely your neighbour is liable for the damages. ... 17 Trees (Disputes Between Neighbours) Act 2006 (NSW), ss. It’s always going … But what rights do you have if your fences aren’t high enough to keep a neighbour’s trees out of your property … The trees inside a person’s yard really should look great and also present lots of shade, yet it is feasible for them to become impaired or perhaps neighbours tree roots damaging my property destroyed. No legal expense, no arguing, happy neighbours. He’s owned the building for 10 years and the tree he’s referring to is 40 years old. In such situations, the first step is always to discuss the problem with your neighbour. What are the signs my property is suffering tree root damage? Moreover, whether or not damage to property is attributable to encroaching tree roots may be difficult to prove. 8, 14C. These should all be accessible through www.lawlink.nsw.gov.au. Try to negotiate a solution that satisfies you both. What can I do?A First, it is important to establish that the tree grows fully on your If you spot a crack in your property and there is a tree close by, and particularly if it is late in the summer, then this could be related to the tree roots. Council wanted the tree to remain. As a property owner, you are still entitled to cut back or trim any part of the tree that encroaches on your property. I have tried talking to my neighbour about it but he just shrugs and says the tree has got “a TPO” on it and there is nothing he I have skimmed the Trees (Disputes Between Neighbours) Act 2006 (NSW), ... (Actual notice means that, for example, you wrote to them 5 years ago telling them the tree roots were damaging your property; constructive knowledge means that one can string together assumptions to show that they must reasonably have known. They will not order the removal of overhanging branches for the shedding of leaves. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. If your neighbour's tree roots are damaging your property, it can be difficult to get cover. The first case was heard in March 2007. Disputes with neighbours - noisy ... You can trim branches or roots that cross into your property from a neighbour’s ... your neighbour could take you to court for damaging their property. The Trees (Disputes Between Neighbours) Act 2006 is designed to provide a simple, inexpensive and accessible Legally you should return them. No drastic action, like removing the tree, was necessary and Crewe failed in his application. Its roots are beginning to damage the foundations of my house. Neighbour's trees FAQs My neighbour's tree overhangs my property. Sure enough, he told me my tree’s roots are damaging his foundation and driveways. In my previous article "Rooting for Trouble" (October 2012), I discussed the issue encroaching tree roots and the claims that arise as a result of damage caused by the roots We cannot step in … Use our free legal tool to consult with a … I have an issue where my neighbors trees are causing damage to my property. My neighbour's tree is damaging my property. e.g. Neighbours trees overhanging your property is annoying, and so common law rights mean you can do what you like with branches, leaves and roots that are actually on your side of the boundary. It is best to reach an amicable agreement. The trees inside a person’s yard really should look great and also present lots of shade, yet it is feasible for them to become impaired or perhaps neighbours tree roots damaging my property destroyed. Most damage occurs when trees are situated 10 metres or less from a property. You are best advised to employ an arboricultural consultant (tree care specialist) or a building surveyor. Other damage like roots cracking pipes, foundations or pathways is usually covered under property law. Hello, my next door neighbour has a tree growing about 5ft away from our houses on the other side of our fence growing rapidly, if it is left there it would definitely damage hers & my foundationsas were mid terrace, With its roots we do not speak as I find my neighbour unapproachable, I own my property while she is renting from the council is there anything I can do help very much appreciated. roots causing damage to your property branches blocking sunlight from solar panels or TV reception. Here are ways to ease the conflict, as suggested by mediators. what are your rights? If they confirm your findings you should notify your building insurer who may carry out further investigations and negotiate with your neighbour and his/her insurer. For this reason, you may not be able to charge a neighbor for its removal. Disputes over trees can sometimes arise between neighbours, for example, if tree roots or branches are damaging a shared fence. Remember he is next door and can make you life miserable, so it pays to be friendly. Recently, my sewer line was backing up because the roots of the Rhus tree on on the footpath outside my house had penetrated the sewer pipe. Don't throw such things back over the fence, they should be placed neatly on an agreed site to stop any ill feeling between the parties. Your neighbor may agree to take it down. There are a number of things you can do if your neighbour’s tree is affecting you in this way; however, if possible you should always talk about a solution with your neighbour as a first step. My neighbour replaced his drain pipes, taking water from his gutter to a soakaway. Khan v LBC: High Court confirms the relevant test when determining a tree owner's liability for tree root damage. The Court found that the tree’s roots contributed to the wall damage. I also have cracks in the concrete slab which I'm looking to repair via concrete resurfacing. You might also wish to attend to observe the hearing of a matter. 2.42 In Cacopardo v Woolcock, 42 the affected neighbours noticed problems with the plumbing in … However, If any branch or root from a neighbouring tree does cause damage to your property you have a strong case for damages. If your action results in the tree damaging property or injuring someone, the property owner or the person hurt may claim damages from you. Damages were awarded to the owners of the private land against the council. 2.41 The extent to which tree roots encroach depends on complex ecological factors. Q My neighbour has a large tree in his garden. Late last week, I received a letter from my neighbour claiming that trees on my property were dropping leaves onto their property and blocking their sunlight. But what you can do is express concern that his or her tree is at risk of damaging your property the next time a big storm rolls around. This is another good reason, if you intend to remove a lot of tree roots or very large tree roots, or if the roots are deeply rooted, for employing a tree surgeon or arborist to carry out the work for you. Trees can become an issue between neighbors if limbs or roots extend beyond the owner's property. I live in a relatively dense part of Grey Lynn and have recently had problems with my neighbours relating to trees on my property. 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