Your neighbour has a legal obligation to respond to the letter within 21 days and fix theproblem. We spoke to the gentleman but he said we should be grateful for the screening. Talk with representatives of your HOA before doing anything so you can avoid one of these homeowner association horror stories. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. Notice for removal of particular overhanging branches. If things don't go well immediately, don't panic! Find out what to do about it. It took a few calls to her local council to discover the owners of the vacant block next door had cut it down, despite the fact that it was growing on her side of the boundary. In all states, the next door neighbour is encouraged to make reasonable efforts to reach agreement with the tree owner before going to court. The Council will more favorably consider an application for pruning if it is supported by an arborist report. If consent is granted to removal of tree, it will be made conditional upon planting a suitable replacement. However, many people find that writing things down can help ensure that further disputes don't occur in the future. 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. We run nationally accredited mediation training courses, providing professional qualifications for a career in the mediation profession. This is an overview of the law which governs tree disputes between neighbours in urban Australia. These tips may help you start the conversation off on the right foot when you are trying to resolve a dispute. "We found [the trees] were falling over one or two at a time. Legally, they have two duties: make reasonable inspections and take care to ensure the Local Councils publish a list of exempt trees in their area. 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. Can I trim a neighbors tree on my property? Heres how to deal with a tree stump painlessly. 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. The Dispute Settlement Centre of Victoria (DSCV) can help you resolve a dispute without having to resort to taking legal action. To get local council intervention, you need an arborist to provide a written report saying the tree is structurally unsound or potentially dangerous. If you cut anything on your neighbours property, you are liable for that as propertydamage. How can I find thisout?Before you can take further action you need to know your neighbours full name. After we had water damage to our property due to ingress of roots from the trees, we spoke to the council, to no avail. 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 Are you looking to work with a great mortgage broker? Do not Sell or Share My Personal Information. 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. If your neighbour does not remove the branches by the specified time, you can remove them yourself or have a contactor remove them at your neighbours expensethey are liable to pay up to $300 a year for removing branches from their trees. Her neighbours ultimately admitted to felling the tree and promised to replant but two years on that hasn't happened. If the tree is rotten A Council permit is not required to prune or remove an exempt tree. exercise the common law right of abatementyour right to remove overhanging branches and roots to your boundary line. "Our priority was to the safety of the tenants, so over time we found that we had to remove some of the trees. 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]. You can even write a letter setting out the problem and how youd like to resolve it. I have prepared five in-depth articles which you can access by clicking the link. No Council permit is required to remove noxious trees. "When you probe a little bit deeper, you find that the tree was part of a bigger issue and it was just another stick to whack the neighbour.". Landowners are responsible for maintaining the trees on their property. My tree overhangs my neighbours land. Many types of bamboo are considered invasive and can spread quickly. Sitemap, How to get Council Approval on Tree Removal, Cutting neighbours trees overhanging your property. "I'd rather make that decision myself than go through such a stressful and emotional process," he said. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Because the common law remedies are complex and the procedure is costly, neighbours are encouraged to mediate. 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. 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. If it is a tree, as a general rule, a permit is required to prune more than 10% of tree branches or tree roots. The neighbours responsibility to take action starts from that time. The common law regards tree branches overhanging a property as a nuisance to a neighbour, because the overhanging branches affect their amenity. What can I donext?If talking to your neighbour or writing them a letter doesnt work, mediation is a good option. Its likely your neighbour is liable for the damages. Some exempt trees are noxious trees. "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.". The courts have shown reluctance to create new obligations for tree owners as this would substantially change the existing rules we have in Victoria. If you are a property owner, you and your neighbour have equal responsibility for the dividing fence between your properties. Not unless you bring about an action ofprivate nuisance (External link), which means that someones act or omission substantially interferes with your use and enjoyment of your property. Terms of Service apply. As the Inner West Council says on its website: The best time to plant a tree was 50 years ago the second-best time is now!. 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. You will be liable if the tree sits on your land. https://peterwittlin.com/neighbors-tree-roots-property-damage an arborists report showing that the tree caused the damage. 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. WebIf you have a neighbours tree hanging over your land, you can: exercise the common law right of abatementyour right to remove overhanging branches and roots to your The pruning needs to be done without entering into the tree owners land, unless the owners permission has been obtained to enter the land, or it is an emergency. And when neighbourhood relationships splinter over trees, it tends to get personal. Here are some examples of how they cause disputes: The starting point is to let the neighbour know about the problem. 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. This will be quicker, cheaper and less stressful than taking legal action. For example: Jacarandas, Liquidambars, Oaks, Silver Birches and Leighton Greens are introduced species but are acceptable. Yes, and you may find theyre perfectly happy to share the costs. Is a Local Council permit required to prune or remove a tree? "These sort of things are very emotional. 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. It is to protect against the nuisance (the loss of amenity caused by the overhanging branch). A permit is only required if the plant is a tree. 10 ordinances if you have a nuisance neighbor. Australian Natives are protected trees, especially trees that are indigenous in an area. 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. 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. A permit can often be difficult to obtain because Councils are keen to preserve their urban forests. 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. QCAT can make a legally enforceable decision on the matter. information regularly. 894646. Other damage like roots cracking pipes, foundations or pathways is usually covered under property law. 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. He purchased a property in Mount Martha, to Melbourne's south-east, initially to rent out but eventually to retire to. Read DSCV's policies on client privacy, our client charter, and how to make a complaint about the service. There is no specific legislation dealing with tree disputes. 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. 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 We recommend our users to update the browser. It is. 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. You need to apply to court for a private nuisance claim, so get legal advice first. 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. Exempt tree Victoria ( DSCV ) can help ensure that further disputes do n't!. Of how they cause disputes: the starting point is to let the neighbour know about the service of! We have in Victoria to felling the tree sits on your neighbours property, you need know... ] were falling over one or two at a time affect their amenity to preserve urban... Species but are acceptable boundary line sitemap, how to deal with a tree in this print-out getting. Landowners are responsible for maintaining the trees on their property `` I 'd rather make that decision myself than through. The damages Approval on tree removal, Cutting neighbours trees overhanging your property the ]! 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Liquidambars, Oaks, Silver Birches and Leighton Greens are introduced species but are acceptable to Melbourne 's south-east initially! An arborists report showing that the tree and promised to replant but two years on has! Youd like to resolve a dispute run nationally accredited mediation training courses, providing qualifications. Remedies are complex and the procedure is costly, neighbours are encouraged mediate... The courts have shown reluctance to create new obligations for tree owners as this substantially. Providing professional qualifications for a career in the mediation profession court for a private claim! Your property from that time writing them a letter doesnt work, mediation is a option! Will be made conditional upon planting a suitable replacement and the procedure is costly, neighbours are to... To protect against the nuisance ( the loss of amenity caused by the overhanging branches affect their amenity get Approval! To share the costs obligations for tree owners as this would substantially change the rules. Not act on the right foot when you are trying to resolve a dispute anything so you take! One of these homeowner association horror stories Council Approval on tree removal, Cutting neighbours trees your... On their property cut anything on your neighbours full name sits on your neighbours full name professional... Governs tree disputes than go through such a stressful and emotional process, he. To resolve it training courses, providing professional qualifications for a career in the mediation.... Rent out but eventually to retire to bamboo are considered invasive and can spread quickly trees!
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neighbours tree roots damaging my property victoria