Tree Disputes
Tree Disputes Between Neighbours
If a tree grows on your property, you can prune and remove
it if it is likely to damage a wall, a fence or paving,
provided you obtain a Council Permit.
But what can you do
if the tree grows on your neighbour’s property, and the
branches or the roots are causing damage, or are likely to
cause damage to your property, or a high hedge is planted
inside a boundary seriously obstructing your sunlight or
view? In NSW, the Trees (Disputes Between Neighbours) Act
gives you the right to take action against the neighbour’s
trees – and makes the neighbour legally responsible for
damage caused.
See Full Article
Council Trees on footpaths and
reserves.
Hunter's Hill Council loses
fight to keep a noxious weed
Local Councils are strange
beasts. But none are stranger
than the Hunter's Hill Council
which administers a leafy garden
suburb overlooking Sydney
Harbour.
When Dr Donnelly asked the
Council to remove an old camphor
laurel street tree growing
outside his home because the
large tree roots were bowing and
lifting his front fence (see
images), initially the Council
agreed. But after the Council
received 21 requests from the
neighbours for the tree to
remain, it changed its mind. The
tree was not to be removed.
Dr Donnelly, despairing at
the damage to the heritage fence
he had spent $100,000 to build,
took the Council to Court.
After 5 hearing days and what
I would estimate $120,000 in
legal fees, Dr Donnelly won his
case. The Court found that the
Council had committed the
tort of private nuisance by
allowing the tree roots to bow
and uplift the front fence,
crack the front path and
displace the gate pier. The
Court made these orders:
- Compensation for
repairing the fence, gate
and path - $28,765.33
- Compensation for
interference with loss and
enjoyment of the land $5,000
- Removal of the tree, at
Council's cost, within 4
months
- Council to pay Dr
Donnelly's legal fees
The Court was dismissive of
the Council's opposition to the
removal of the tree "it does
seem to place the tree and its
roots above the owner’s private
rights to seek to avoid further
unreasonable physical damage to
his property".
But stranger still, camphor
laurel trees have been declared
to be a noxious weed under the
Noxious Weeds Act 1993
(NSW)
which means that the State
Government wants them to be
removed. It's taking a long time
for this message to reach the
Hunter's Hill Council!
For more, click on my case
note
Court orders the Hunter's
Hill Council to remove a camphor
laurel street tree
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