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I live in a Strata complex of 4 townhouses. A neighbour who has no relationship with any of the Lot owners, refused to remove a fig tree that had grown from bird poo when a new fence was installed between our Lot and his. At the time the fencer told him the tree was a weed and never planted in gardens…… to no avail. The tree was touching the fence so our fence warranty was negated.
Since then the tree which is approximately 1.3metres from my property has grown to extend over the height or our two storey house. To date the sewer has blocked on 3 occasions ( the tree is a metre from the line) but a camera shows no roots have entered the pipe yet.
My kitchen window on the second storey was totally blocked by the tree…….two years of writing to Strata. and the owner cut one branch, so some light comes in and the branch didn’t bang the window.
To date the cut branch has grown, we have no ventilation and we have a gas cooker, the branches tap the fly screens in the wind, branches touch the house wall and we can only see outside by a small section on one side. We need the light on all day.
I have spoken to the neighbour and he said he would “look” at the problem. 9 months later nothing has changed except the tree gets denser and bigger.
Am I entitled to cut any of it? Could I cut what is in front of my window as this is over 3 metres from ground level? Will council be able to help or is it mediation and NCAT.
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