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  • #52288
    AvatarJohnk
    Flatchatter
    I live in a ground floor unit with a lovely garden, one of 5 ground floor units in a block of 18.
     Each ground floor units gardens are private and not common property.
    There is a large Jacarandah tree (about 80 years ) in the corner of my garden. Its branches overhang 2 neighbouring blocks, or one and the garages of the other.
    One of the neighbours wants the branches overhanging their property lopped, partly because the branches form a hazard but mostly because of the mess when the blue flowers fall.
     The council is involved as it is a protected species and  more than 5 metres tall.
     My question is: If the council approves the lopping who pays for it?
    The arborist would have to use the parking area of the other block of units as we have no access.
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  • #52294
    Avatarkaindub
    Flatchatter

    In NSW the law states that you are permitted to trim any part of a tree that encroaches over your boundary. You do it at your expense not the tree owners will expense.

    You are not permitted unless the tree owner agrees to go onto their property to do the trimming.

    Having said that local  ounces also restrict the amount that can be trimmed in one go from a tree (in my country il area its 10%) and the  coun is requires a registered arborist to do the work.

    Unless the neighbour gets a court order ,ordering you to pay, they are required to pay.

     

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Flat Chat Forum Another day in paradise Current Page