Neighbours trees damaging our flats

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05/12/2016 at 1:31 am #10779
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Flatchatter
Our small Owners Corporation has a problem with the neighbour’s trees which are damaging the common fence, our driveway and causing cracks in various flats due to movement.

We’ve been communicating via email and SMS for >12 months but they flatly refuse to even acknowledge there is a problem despite our driveweay rising in parts up to 15cm with small hills along its length.

It’s now time to escalate the matter but am not sure of the next step.
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05/12/2016 at 10:06 am #25924
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Flatchatter
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Oh and to help readers to make more sense of this matter:

The premises are rented out and the tenants are just as frustrated with the situation,

The owner wants to sell the property to developers but council has refused (and will continue to do so) any multi-unit plans because of the location of the block and nearby intersections.

Basically the owner won’t spend a cent unless legally required to do so.
05/12/2016 at 10:59 am #25925
Lady Penelope
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The relevant legislation is: Trees (Disputes Between Neighbours) Act 2006 https://www.austlii.edu.au/au/legis/nsw/consol_act/tbna2006363/

Relief is obtained through the Land and Environment Court. See here: https://www.lec.justice.nsw.gov.au/Pages/types_of_disputes/class_2/Trees-hedge-disputes-process/Treedisputes-helpfulmaterials/treedisputes_helpfulmaterial.aspx

See below for links to some information and explanation of how this legislation may assist you to resolve your problem:

https://www.diamondconway.com.au/tree-disputes-in-nsw/

https://www.legalanswers.sl.nsw.gov.au/guides/neighbours/trees.html
07/12/2016 at 1:08 pm #25955
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Flatchatter
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Thank you proudsceptic for your very detailed response.

However, I’m in Victoria.

Looks like I’ve missed somewhere in the registration process to show my state of residence.
07/12/2016 at 2:32 pm #25960
Lady Penelope
Strataguru
Victorians can try here for assistance in neighbouring tree disputes:

https://www.disputes.vic.gov.au/
19/12/2016 at 11:32 am #26023
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Flatchatter
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And now time for an update.

As I write the tree is being cut down and mulched.

I contacted disputes.vic.gov.au and had an interesting talk with them.

They advised that:

I had to check with my council that it wasn’t a protected tree (it wasn’t) and if it was a native species also check with the Victorian government (it wasn’t).

The roots causing the damage belong to us and the tree owner isn’t liable for the damage caused.

and;

If the owner next door didn’t want to remove it then we would be off to VCAT. Turns out one significant problem they had was finding someone to actually do the job.

Fortunately the tree is now being removed and now we can focus on getting the damage repaired.

Finally, thanks to proudsceptic for their advice and guidance.

This forum is fantastic.
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