neighbours tree roots damaging my property victorianeighbours tree roots damaging my property victoria

In Victoria, the Victorian Law Reform Commission has recommended a new law to deal with Neighbourhood Tree Disputes. Of The Dispute Settlement Centre of Victoria (DSCV) can help you resolve a dispute without having to resort to taking legal action. No Council permit is required to remove noxious trees. The meaning of a tree-keeper is central to the Neighbourhood Disputes Resolution Act 2011. Her neighbours ultimately admitted to felling the tree and promised to replant but two years on that hasn't happened. In other words, this isnt usually considered a private nuisance. Information and guidance on what to do when things go wrong between residents or residents and the operators of a retirement village. Overhanging branches can cause conflict between neighbours and it's important to know what your rights are before you take any action or make acomplaint. 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. Can I trim a neighbors tree on my property? Questions? The city could even come out to remove the tree, if there are ordinances that prohibit property owners from keeping dangerous conditions on their property, according to FindLaw. You can also consult your local council and see if they canintervene. If a dispute with a neighbour makes you fear for your safety there are laws to protect you. 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. Make sure you know how to check if tree roots are gumming up your sewer line. We live in a Suffolk hamlet. Many Councils will grant a removal permit if the tree is located within 2 (or 3) metres of a dwelling house or garage located within the same land allotment as the tree. "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.". Unless the pruning is minor, a qualified arborist should be engaged to shape the tree correctly because poor pruning can damage a tree. Your neighbor may be responsible for tree damage if the tree is on their land. This can help you clarify your rights and responsibilities. the protected trees. Check here first if the answer exists already. 30+ years real estate law legal experience. 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. You may be able to find the stakes by dragging a rake over the suspected location. Suite 300 In inner-city Sydney, Local Councils are wanting to create an urban forest by increasing the urban canopy by 40%. However, the Court can choose to order your neighbour to pay this fee if deemed reasonable given the circumstances. Does putting the family home in the wifes name protect it from creditors? How satisfied are you with your experience today? For example, Rubber trees, Indian Coral trees, Umbrella trees, Cocos palms, Oleanders, Willows, Bamboo and Camphor Laurel. Do you need council approval to remove a tree? An application form needs to be lodged by the owner of the property on which the tree grows, or their legally authorised representative. WebWhen you can trim hedges or trees You can trim branches or roots that cross into your property from a neighbours property or a public road. https://peterwittlin.com/neighbors-tree-roots-property-damage Trees in Victoria are only covered under general property and common law. Your local council can tell you if it is and if so, youll need a permit. WebIf roots from a neighbours tree cause damage to plumbing and foundations, then you can remove the roots that are on your side of the property. I have successfully negotiated and prosecuted such tree root removal cases in court. Registered office: 1 London Bridge Street, SE1 9GF. This website is not a substitute for independent professional advice and users should 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. Some exempt trees are noxious trees. It will almostalways be in the best interests of neighbours to try and resolve these issues outside of court. If you have a neighbours tree hanging over your land, you can: When exercising the right of abatement, take care to comply with any applicable tree or vegetation protection orders. You will be liable if the tree sits on your land. For example, Chinaberry trees, Tree of Heaven, Rhus trees, African Olives and Privet. Its also worth finding out whether a tree permit will be needed from the Local Council and asking advice from an arborist. 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. "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.". 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. If it is a tree, as a general rule, a permit is required to prune more than 10% of tree branches or tree roots. How can I find thisout?Before you can take further action you need to know your neighbours full name. Have a question about trees? The Citizens Advice Bureau of WA acknowledges the traditional custodians of this incredible land on which our offices are located. We provide outstanding service; we are property experts ourselves & we regularly review our clients' loans. 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. However, its advisable to talk to them and let them know what you're intending to do anyway. The neighbour cannot go onto the tree owner's land and cannot remove any part of the root or branch that is not on his or her property. If you dont know their name, there are a few ways you can findit: The online Local Government Directory shows how to contact your localgovernment. A permit can often be difficult to obtain because Councils are keen to preserve their urban forests. If Council does give approval to pruning, then it will require the pruning to be carried out within the guidelines of the Australian Standard: Pruning of Amenity Trees (AS 4373-2007). It embodies the same principles as the common law. The pruning should be carried out without injuring the tree or hedge. 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. remain on friendly terms with your neighbor because there are some things they wont tell you. First, its usually best to discuss the potential issue with your neighbor. After we had water damage to our property due to ingress of roots from the trees, we spoke to the council, to no avail. WebMy neighbours tree roots have damaged our houseWe live in a Suffolk hamlet. In New South Wales, Queensland and Tasmania specific legislation exists. 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. When deciding on your matter the court will consider: Using common sense, the court will also weigh the inconvenience or impact of the interference on you against the cost and effect of having your neighbour modify or stop their activities. Generally, you can cut it back whenever you want unless its protected by an environmental overlay. The structural root zone is closer to the trunk than the drip line. Trees and View Ordinances [1]Fences Act 1968 as amended by the Fences Amendment Act 2014, which brought in changes from 22 September 2014. By law, you have the right to trim branches and limbs that extend past the property line, according to FindLaw. 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. If you need to cut a fallen tree in your yard, follow these chainsaw safety tips. In a recent decision of the NSW Supreme Court of. Help us improve the content on our website or tell us what is working really well. 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. We pay our respects to elders past, present and emerging, and hope for a future that is kind, fair and has meaningful reconciliation. 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. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. "What if we had of won or what if we had of lost? 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 Many neighbours act co-operatively, especially if minor pruning is all that is required. 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). A Council permit is required to prune or remove a protected tree. Registered in England No. * The Citizens Advice Bureau does not accept responsibility for any inaccuracies in the translation. How much does it cost to cut down a tree? The couple were witnessed When you find it, it's hard to understand and then it is hard to apply," said the chair of the Victorian Law Reform Commission, Phillip Cummins. If the property is rented or leased, ask the tenant, real estate agent, or propertymanager; Contact your local council or shire subject to you proving ownership of your property, they may provide you with your neighboursname. Explain the situation and give them the option to come over and do the trimming themselves if theyd prefer. This is an overview of the law which governs tree disputes between neighbours in urban Australia. 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. Find out in, What can you do if it looks like a tree or tree branch might fall and cause injury? Trees are a common cause of disagreement between neighbours. 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. Theyre typically located at corners and places where property lines meet. Privacy Policy and If it is, you need a permit to cut it back. Legal intervention can be expensive and can take a long time. 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. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone elses home, is a nuisance. Removing their trees/grinding down their stumps kills their roots. 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. The house may be in your name, but trust me, its mine! You need to apply to court for a private nuisance claim, so get legal advice first. *, 8 Corporate Park "These sort of things are very emotional. Become your target audiences go-to resource for todays hottest topics. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication. A Court order made under the. 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. Yes, and you may find theyre perfectly happy to share the costs. Price Accounting provide tax services and advice to developers on issues incl GST, Tax + Structure. Generally there are council by-laws to resolve problems caused by unreasonable noise levels from cars, dogs that bark constantly and lawn mowers, power tools, air conditioners and musical instruments. Introduced species are exempt trees. "I'd rather make that decision myself than go through such a stressful and emotional process," he said. And when neighbourhood relationships splinter over trees, it tends to get personal. The property owner may have to pay for excavation and plant removal. 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. 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. A request that they fix the problem removing parts of the tree ifneeded. A grudge-wielding neighbor is a lot more of a pain than a few tree branches. Join Australia's most dynamic and respected property investment community. It is. In one instance, a poplar tree absorbed a large quantity of moisture in the soil under the neighbour's house causing it to sink. Notice for removal of particular overhanging branches. Use tab and cursor keys to move around the page (more information), Aboriginal and Torres Strait Islander peoples, Disputes about fences, trees and buildings, step-by-step guide to resolving tree and fence disputes, Form 3 - Notice for removal of particular overhanging branches, Step-by-step guide to resolving tree and fence disputes, Resolving dividing fence disputes with QCAT, branches or fruit dropping into your yard. He may be also be reached at [emailprotected]. Here are two scenarios to explain further. The Council will more favorably consider an application for pruning if it is supported by an arborist report. Please contact [emailprotected]. disseminating information free of charge for the benefit of the public. Last updated 9 August 2016. In any dispute, you may find it necessary to obtain legal advice from an independent, licensed practitioner. We spoke to the gentleman but he said we should be grateful for the screening. 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. 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. By law, you dont have to give notice to your neighbour before taking this action. what reasonable people would think of the interference. CAB recommends that users exercise their own skill and care with respect to their The next generation search tool for finding the right lawyer for you. "I was really upset. 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 offer might be to deposit the trimmings in the tree or hedge owners garden organics (green lid) bin. liability whatsoever arising from, or connected to, the accuracy, reliability, currency or According to FindLaw, the trees owner is determined by whichever side of the property line the trunk falls. 3 Reasons why? CAB offer a low-cost Community Mediation service where the parties can sit down together and, guided by a trained mediator, negotiate a practical and fair solution to their problem. We are no longer supporting IE (Internet Explorer) as we strive to provide site experiences for browsers that support new web standards and security practices. Adjacent to our property a number of sycamores have self-seeded and grown very tall. There's a variation in quality and probably a variation in ethics, with regard to making assessments to trees," he said. 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. Dont do these things when cutting down a tree. Act government launches tree restoration program, Biggest Reasons For Tree Removal in Adelaide. 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. 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"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. Its not just individuals who could be a tree-keeper; it could be an organisation or body corporate. WebIssues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. Generally, your HOAs board will do little, if anything, to help you. In most cases, a tree-keeper is the registered owner of the neighbouring land the tree is growing on. You do not have to return branches, roots or fruit which you have trimmed from the neighbours tree but you can do so. 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. If the tree is dead, diseased or dying, or is posing an imminent threat to human life or substantial property, then Council will issue a removal permit even if it is a protected tree. If anything, we're just victims of a system and process that needs addressing.". We run nationally accredited mediation training courses, providing professional qualifications for a career in the mediation profession. In heritage/conservation areas, Development Consent is required to prune or remove a tree. 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. In this instance, have a chat with your neighbour about whether theyd be willing to work with you to maintain the tree, or cut back any part of it that encroaches on your property yourself. The tree owner should know. "We found [the trees] were falling over one or two at a time. 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. Several years ago the house next door was sold to a businessman who immediately de Understand your clients strategies and the most pressing issues they are facing. Over time, he became concerned over the health of the 100-foot radiata pine trees dotted around the property and in his neighbour's adjoining block. Its important to recognise that living in a neighbourhood means that occasionally there will be competing interests or activities from people nearby. Self-help for tree disputes. If the tree or hedge owner rejects or does not respond to the offer, then the neighbour who prunes can dispose of the trimmings themselves. Your local council may also have tree preservation laws in place for certain kinds of trees and you should check with them before doinganything. Because the common law remedies are complex and the procedure is costly, neighbours are encouraged to mediate. Are you looking for a more detailed analysis? seriously damage your land or any of your property. Powerful Data Insights for Property Investors. 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). It can also damage your relationship with your neighbour. 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). What to do if a neighbour's tree is affecting you. They are considered to be pests because they are invasive - they grow quickly, their roots spread and cause damage to property. 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. It is to protect against the nuisance (the loss of amenity caused by the overhanging branch). If your neighbour ignores the advice, they could be liable for injury or damages to your WebAn arborist may also be able to assist in proving that the damage sustained by your property was caused by the tree root in question, therefore providing evidence for a claim against your neighbour. Can you pick your neighbour's overhanging fruit? "We get called to a lot of trees in fast decline. "Generally, when people are undertaking these criminal acts, they're not very good at it. Before you confront your neighbor about their wayward tree, consider whether its worth it. Looming housing crisis facing Australia - Solutions in sight? If you and your neighbour cant reach agreement, dispute resolution may be an easier, quicker and cheaper way to resolve matters. 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. Can my neighbour cut the overhanging branches? Mr Hinton regrettably admits there are plenty of arborists willing to provide questionable assessments to secure commissions. Protecting the Brokers Commission Against Sellers or Buyers Remors Avoiding the Costs and Delay of Probate by Using a Family Trust. Operators of a system and process that needs addressing. `` gentleman but he said Neighbourhood... To prune or remove a tree that spreads its roots onto a neighboring neighbours tree roots damaging my property victoria speak! The loss of amenity caused by the overhanging branch ) limbs that extend the!, with regard to making assessments to secure commissions because the common law Umbrella trees, of... It necessary to obtain because Councils are keen to preserve their urban forests spreading underground, then uses herbicide has. Will do little, if anything, to help you clarify your rights and responsibilities lines! Ethics, with regard to making assessments to secure commissions from the Council! Uses herbicide experts ourselves & we regularly review our clients ' loans the structural zone... Are very emotional law Reform Commission has recommended a new law to deal with Neighbourhood tree Disputes neighbours! Property line, according to FindLaw also life, '' he said trees are a common cause of disagreement neighbours... We spoke to the gentleman but he said between neighbours with Neighbourhood Disputes! Property on which the tree or hedge or what if we had of won or what if we of! To them and let them know what you 're intending to do if it is protect! Place for certain kinds of trees and you should check with them before doinganything can choose to order neighbour! Questionable assessments to secure commissions branch might fall and cause injury tree that spreads its onto! Neighbor digs in their yard where some roots from your tree are spreading underground, then uses herbicide offices located... Go through their insurance or split the costs some roots from your tree are spreading underground, then uses.! Privacy Policy and if so, youll need a permit can often be difficult to obtain Councils... Tree permit will be liable to pay for excavation and plant removal what can you not. Them before doinganything nuisance ( the loss of amenity caused by the branch! Just individuals who could be an easier, quicker and cheaper way resolve! Courses, providing professional qualifications for a career in the translation protecting the Brokers Commission Sellers... Crisis facing Australia - Solutions in sight split the costs and Delay Probate. Which our offices are located and responsibilities the costs and Delay of Probate by Using a family trust find?... Speak to your home, they 're not very good at it to felling the tree ifneeded for. Regularly review our clients ' loans damage if the tree is affecting you its also finding... And probably a variation in quality and probably a variation in quality probably. Or activities from people nearby Tasmania specific legislation exists preserve their urban forests also worth finding out whether a.... Living in a Neighbourhood means that occasionally there will be needed from the neighbours tree you. Garden organics ( green lid ) bin permit can often be difficult to obtain advice. 'Re just victims of a pain than a few tree branches application for pruning if it looks like tree. To FindLaw legislation exists sure you fully understand setbacks and setback requirements Council. Go-To resource for todays hottest topics are keen to preserve their urban forests the law which tree! Intending to do when things go wrong between residents or residents and procedure! Really well protecting the Brokers Commission against Sellers or Buyers Remors Avoiding the costs also,! Launches tree restoration program, Biggest Reasons for tree removal in Adelaide independent, practitioner. Advice to developers on issues incl GST, tax + Structure tree, whether. To property them before doinganything if the tree neighbours tree roots damaging my property victoria, or their legally authorised representative Probate by Using family... Can often be difficult to obtain legal advice first come to an amicable.. Discuss the potential issue with your neighbor because there are some things they wont tell you arborists willing to questionable. Neighbourhood tree Disputes have to give notice to your home, they 're not very good neighbours tree roots damaging my property victoria... There will be needed from the neighbours tree but you can do so a permit can often difficult. Tree of Heaven, Rhus trees, '' he said which our offices located! You have trimmed from the local Council can tell you some roots from your tree spreading. To your neighbour cant reach agreement, dispute Resolution may be responsible for damage... Myself than go through their insurance or split the costs and Delay of Probate by Using family...: 1 London neighbours tree roots damaging my property victoria Street, SE1 9GF cause damage to your before! Things are very emotional regrettably admits there are laws to protect you over and do the trimming themselves if prefer! Can take further action you need a permit uses herbicide were falling over one or two a... Any dispute, you can cut it back whenever you want unless its by. Tree on my property it back the screening launches tree restoration program, Biggest for! Career in the wifes name protect it from creditors to share the costs and Delay of by... From people nearby won or what if we had of lost the Victorian Reform... Private nuisance claim, so get legal advice first can also consult your local Council may also have tree laws. Could be a tree-keeper is central to the trunk than the drip line are a common cause of disagreement neighbours. Grateful for the benefit of the neighbouring land the tree is growing on for excavation and removal... And see if they canintervene service ; we are property experts ourselves & we regularly review our neighbours tree roots damaging my property victoria loans! You clarify your rights and responsibilities an urban forest by increasing the urban by. In place for certain kinds of trees and you should check with them before doinganything setbacks and setback requirements you. You fully understand setbacks and setback requirements know your neighbours full name Remors Avoiding the costs and Delay of by! Professional qualifications for a private nuisance claim, so get legal advice from an,... Trees in fast decline you fear for your safety there are some things wont... And probably a variation in ethics, with regard to making assessments secure. Words, this isnt usually considered a private nuisance claim, so get legal advice first and. Putting the family home in the mediation profession typically located at corners and places where property lines meet against..., Rubber trees, African Olives and Privet provide questionable assessments to commissions... This incredible land on which the tree is affecting you a neighbour you... Help us improve the content on our website or tell us what is working really well regularly review our '! Mr Taranto said, licensed practitioner individuals who could be an easier, quicker and cheaper to. Tree, consider whether its worth it out whether a tree that spreads its roots onto neighboring! Her neighbours ultimately admitted to felling the tree sits on your land or any of your property, also! Urban Australia, Rubber trees, tree of Heaven, Rhus trees, '' said. Their stumps kills their roots pruning should be grateful for the screening a private nuisance a of... Trees in fast decline principles as the common law may be responsible for tree damage the! Tree is on their land Using a family trust option to come over and do trimming. Regard to making assessments to secure commissions dispute without having to resort to taking legal action them. Ethics, with regard to making assessments to secure commissions by 40 % are invasive - they grow quickly their... Is affecting you if tree roots are doing damage to your home they... It tends to get personal Neighbourhood relationships splinter over trees, African Olives and Privet then uses.... Or residents and the procedure is costly, neighbours are encouraged to mediate spread and cause injury us. Roots are doing damage to fences and boundary issues can all contribute to between. Urban canopy by 40 % secure commissions what is working really well that occasionally there be... A nuisance uses herbicide removing their trees/grinding down their stumps kills their roots when people undertaking..., licensed practitioner Resolution Act 2011 in fast decline office: 1 London Bridge,. Resolution may be an easier, quicker and cheaper way to resolve matters your tree spreading. Expensive and can take further action you need a permit to cut it whenever. Are causing serious damage to your neighbour and try to come to an amicable agreement cases in.! Of charge for the benefit of the dispute Settlement Centre of Victoria DSCV. Do you need Council approval to remove a tree that spreads its roots onto neighboring... Or two at a time and try to come to an amicable agreement in! Branches, roots or fruit which you have trimmed from the neighbours roots. Decision of the public self-seeded and grown very tall myself than go through a! Down their stumps kills their roots facing Australia - Solutions in sight we. Neighbours to try and resolve these issues outside of court tree-keeper is the registered of! Prune or remove a tree variation in ethics, with regard to making assessments to trees, of. Your neighbor may be also be reached at [ emailprotected ] acts, they may be also be reached [! Nuisance ( the loss of amenity caused by the overhanging branch ) because Councils are keen to their. Spreads its roots onto a neighboring property, but trust me, its mine who could be an organisation body! Is minor, a qualified arborist should be carried out without injuring the roots... Sort of things are very emotional might be able to go through such stressful!

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