If you and your neighbour cant reach agreement, dispute resolution may be an easier, quicker and cheaper way to resolve matters. Many Councils will grant a removal permit if the tree is located within 2 (or 3) metres of a dwelling house or garage located within the same land allotment as the tree. There's a variation in quality and probably a variation in ethics, with regard to making assessments to trees," he said. Your specific rights and remedies may vary A Council permit is required to prune or remove a protected tree. unreasonably get in the way of your use and enjoyment of your land (for example if the tree drops branches into your yard and you cant use that area for fear of being hurt). WebYou don't have permission to access this content. Learn about our mediator training courses, where the interference took, or is taking place, how long its been happening and if its ongoing, if the interference was there when you moved in, how useful or necessary the activity causing the interference is. Damage caused by tree roots from a tree owners tree is not covered by insurance (it is a policy exclusion). Find out in, What can you do if tree roots from a neighbour's tree are damaging your property or sewer lines? This should hopefully prevent disagreements down the track and may even give you a better result in the long run. If your neighbour ignores the advice, they could be liable for injury or damages to your 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. ), Superannuation, SMSF & Personal Insurance. Disputes between neighbours can have a serious effect on everyday life, but going to court is often not the best way to solve a problem. We pay our respects to elders past, present and emerging, and hope for a future that is kind, fair and has meaningful reconciliation. 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. remain on friendly terms with your neighbor because there are some things they wont tell you. one of these homeowner association horror stories. You can speak to us in English or ask for an interpreter. Craig Hinton, an arborist and representative from peak industry body Arboriculture Australia, said plenty of people indulge in expert shopping in a bid to get their way. The important point to note is that if the tree owner is co-operative, and Council issues a permit, then the tree can be pruned or removed. The neighbour cannot go onto the tree owner's land and cannot remove any part of the root or branch that is not on his or her property. But the Trees Act goes further in that it gives rights to prune or remove high hedges which obstruct sunlight or a view. Only a tree owner can make an application for a tree permit a neighbour is not entitled to make an application without the tree owners consent. This is an overview of the law which governs tree disputes between neighbours in urban Australia. In Victoria, South Australia and Western Australia, the common law of private nuisance is the sole law that applies. Can you pick your neighbour's overhanging fruit? "It's a great sign that they've been poisoned. With rising interest rates and inflation, now is the time to implement a strategy to turbo-charge your financial goals. In Victoria, the Victorian Law Reform Commission has recommended a new law to deal with Neighbourhood Tree Disputes. The next generation search tool for finding the right lawyer for you. Can I cut branches or roots that are encroaching onto myproperty?Youre legally entitled to cut and remove any tree branches or roots that encroach over the boundary of your neighbours land and into your land, up to the point of where your property ends. If the tree is rotten He is also the sections annual April guest speaker on the years Top 10 Real Estate Law Decisions, and is a former educator and frequent public speaker to area brokerage firms on topics of legal interest to their members. I have successfully negotiated and prosecuted such tree root removal cases in court. Self-help for tree disputes. Also, upon your learning of the roots encroachment into your property, legally you must disclose it in writing to a prospective buyer, which may render your home unmarketable, preventing you from selling it unless and until the encroaching tree roots have been killed. https://peterwittlin.com/neighbors-tree-roots-property-damage The property owner may have to pay for excavation and plant removal. Terms of Service apply. This can help you clarify your rights and responsibilities. If the property is rented or leased, ask the tenant, real estate agent, or propertymanager; Contact your local council or shire subject to you proving ownership of your property, they may provide you with your neighboursname. "I have absolutely no ill-feeling toward my neighbours. 1 In these cases, the Courts held that the neighbour had the right not only to cut the roots of the tree causing the damage, but was entitled to an award of damages. 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!. That might be because they like the privacy that trees provide, or because trees are peaceful to look at and provide a habitat for birds and animals. Your suit may require your use of the following expert witnesses: (a) a geotechnical engineer to determine the cause of damage to your hardscape, (b) a contractor to determine your cost of repair as well as the cost to your neighbor of removing his/her offending trees and replacing them and installing a protective root barrier, (c) a structural engineer to determine the imminence of damage to your homes foundation from the invading tree roots, (d) an appraiser to determine the loss in value to our home caused by the invading roots, and perhaps (e) a surveyor if there be any dispute as to the boundary between the homes. So the tree was good one week, the owners may have been away for a week and the next week, it's looking very sick," he said. Hiring a qualified arborist in Adelaide 6 Questions to ask. Looming housing crisis facing Australia - Solutions in sight? Going to court is very expensive and can take a long time, so reaching a private agreement will avoid a lot of hassle. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: The common law right to prune overhanging tree branches. He purchased a property in Mount Martha, to Melbourne's south-east, initially to rent out but eventually to retire to. When the branches of your tree overhang the common boundary, your neighbour can lop the branches to the boundary line (subject to any applicable vegetation protection orders). state a time by which the branches must be removed (at least 30 days from the date your neighbour receives the notice), ask your neighbour to give at least 1 days written notice of when the branches will be removed, showing, give permission to your neighbour or their contractor to enter your land on the agreed day between 8am and 5pm. General information on resolving neighbourhood disputes is available on this website. You will be liable if the tree sits on your land. If youve decided to plant a tree, dont make these mistakes. We are no longer supporting IE (Internet Explorer) as we strive to provide site experiences for browsers that support new web standards and security practices. The department acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. Other damage like roots cracking pipes, foundations or pathways is usually covered under property law. CAB monitors the quality of the information available on this website and updates the If your neighbors tree damages your property, he is not automatically liable for fixing the damage. It wouldn't have been a good start to being neighbours. They may even be able to propose a solution that saves you both time and money. After we had water damage to our property due to ingress of roots from the trees, we spoke to the council, to no avail. Web1. Our free developer toolkit covers many of the key elements and is critical to a new development tax plan. A permit is only required if the plant is a tree. I have read the disclaimer privacy policy. The court takes a pragmatic look at these, recognising that some noise, annoyance, inconvenience and discomfort are likely to occur wherever people live. Find out in, What can you do if it looks like a tree or tree branch might fall and cause injury? Going to QCAT should be seen as a last resort. trees exempt from protection). 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. 10 ordinances if you have a nuisance neighbor. All applications are subject to Council's Tree Protection/Preservation Orders that protect and preserve the tree species important to the local area i.e. We recommend our users to update the browser. Of course, it all depends on the laws in the city and state where the tree is located. liability whatsoever arising from, or connected to, the accuracy, reliability, currency or how to check if tree roots are gumming up your sewer line. include at least 1 written quote for the cost of the work and a copy of Part 4 of the Act. The branches and roots are Understand your clients strategies and the most pressing issues they are facing. Overhanging branches, dropped foliage and damage from tree roots can cause issues between neighbours. In any dispute, you may find it necessary to obtain legal advice from an independent, licensed practitioner. If consent is granted to removal of tree, it will be made conditional upon planting a suitable replacement. It is. The person who's after the win, often will go down every avenue to find that win," Mr Hallam said. Maybe the tree is large and old, which would make cutting some of its branches a shame especially if those branches arent seriously impeding the function of your yard. I have prepared five in-depth articles which you can access by clicking the link. the protected trees. Mediation is a free, voluntary and confidential process where parties try to resolve their issues with the help of a trained, impartial mediator. It depends on the Local Council definition. Do you need council approval to remove a tree? "It undoubtedly contributes to confusion, and the confusion in turn prevents conflict being properly resolved.". Find legal answers, chat with us online, or call us. A permit is required to remove a tree. If tree roots rupture something like a septic system in a neighbors yard, there could be claims made against the tree owner. Email for your copy and our new client pack. You can even write a letter setting out the problem and how youd like to resolve it. Is a Local Council permit required to prune or remove a tree? 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. Ms Thieberger said the experience has "chipped away at the edges" of her family's enjoyment of their property. If you would like to contact Peter Wittlinor are in need of legal representation, please fill out the form below to request more information. 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. Explain the situation and give them the option to come over and do the trimming themselves if theyd prefer. Some exempt trees are noxious trees. 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. Our editors and experts handpick every product we feature. You do not have to return anything you trim from the neighbours tree but you may do so. CAB recommends that users exercise their own skill and care with respect to their There is no specific legislation dealing with tree disputes. Loss of amenity is caused when trees: cast shade, cause grass to die off, restrict light so that vegetable gardens do not grow, drop leaves into swimming pools, fill roof gutters with leaves, twigs and berries, block sunlight to a room in a house or block a view. 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 properties, but Mr Hallam said such convictions were rare. We help Victorians with their legal problems and represent those who need it most. To get started, request a plot plan from city hall. The couple were witnessed what reasonable people would think of the interference. If the arborist doesn't give a favourable appraisal, the neighbour will frequently seek out one who will. A neighbor may have a cause of action if your property contains invasive species that spreads to the neighbor's property and causes damage. "It didn't matter which way we went with this whether it was local council, going to a community legal centre, calling up talkback radio it was a road to nowhere," he said. Before you confront your neighbor about their wayward tree, consider whether its worth it. You may be able to find the stakes by dragging a rake over the suspected location. Let your neighbors know what youre doing first, in the interest of being a decent neighbor. If the tree is an exempt tree or a noxious tree or is in a bushfire prone area, Council will issue a removal permit without needing justification. Trees Trees Overhanging branches, dropped foliage and damage from tree roots can cause issues between neighbours. Tell them your plans and where youll put the cut branches. If its not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. For example, Rubber trees, Indian Coral trees, Umbrella trees, Cocos palms, Oleanders, Willows, Bamboo and Camphor Laurel. Aldo Taranto's story comes somewhat from the other side of the fence. So before doing anything, make sure you fully understand setbacks and setback requirements. Be Aware of Tree Root Issues. The law regarding common issues of disputes between neighbours, including fences and trees. It becomes more difficult if major pruning is required or if the tree needs to be removed. For traditional owners, it's like losing a member of the family, Some tales 'as old as time' but not Jarrod Draper's, as artist breaks new ground in Moulin Rouge! Please, Plus reader questions on fruit flies, blood on mattresses, water marks on furniture and going to the loo in the dark. When you are affected by a neighbours tree and you can not resolve the issue any other way, you can apply to QCAT who can make a legally enforceable decisionan orderon the matter. In other words, this isnt usually considered a private nuisance. Yards where homes were built on them more than 20 years ago may lack a root barrier between their trees and your property, such that over time as the trees have grown, their roots have invaded your property, either causing or threatening to cause damage to your hardscape, e.g., to your cement structures, or threatening to damage your homes foundation. You should return the cuttings in a way that doesnt damage the neighbours property or cause litter, otherwise you are liable forthat. Generally, your HOAs board will do little, if anything, to help you. Learn these tree pruning techniques so you dont create more problems for the tree. This is not correct. Refer to the Fences Act[1]for the general obligations on people to pay for damaging a boundary fence. In Queensland, the Queensland Civil and Administrative Tribunal (QCAT) and in Tasmania, the Tasmanian Civil and Administrative Tribunal (TASCAT), make similar orders. The common law regards tree branches overhanging a property as a nuisance to a neighbour, because the overhanging branches affect their amenity. Arborist Craig Hallam said he has been to countless inspections where trees have been crudely poisoned or drilled into by neighbours. The meaning of a tree-keeper is central to the Neighbourhood Disputes Resolution Act 2011. WebIn Victoria, the Victorian Law Reform Commission has recommended a new law to deal with Neighbourhood Tree Disputes. 30+ years real estate law legal experience. Can my neighbour cut the overhanging branches? We have noticed that there is an issue with your subscription billing details. Dont do these things when cutting down a tree. No Council permit is required to remove noxious trees. Mould in rental properties - tenants rights and landlords responsibilities, The law catches up with viagogo - event promoters and music fans are the winners. Read DSCV's policies on client privacy, our client charter, and how to make a complaint about the service. 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. If a tree is damaged by the actions of an affected neighbour, they can be found liable for criminal damage. [14] 3.15 The costs of abatement cannot generally be recouped. [15] Abatement may be limited in circumstances where the tree is protected under a planning scheme or other law. [16] Registered office: 1 London Bridge Street, SE1 9GF. If you need legal help here, call me. Adjacent to our property a number of sycamores have self-seeded and grown very tall. Trees are a common cause of disagreement between neighbours. We've been recognised as one of Australia's Top 100, 5 years in a row. Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume. They become very personal. The most commonly used remedy for a person affected by a neighbouring tree overhanging their property (which is not a protected tree We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. Make sure you know how to check if tree roots are gumming up your sewer line. Have a question about trees? Its an alternative way of resolving your issue while still maintaining a good relationship with your neighbour. Trees in Victoria are only covered under general property and common law. Use tab and cursor keys to move around the page (more information), Aboriginal and Torres Strait Islander peoples, Disputes about fences, trees and buildings, step-by-step guide to resolving tree and fence disputes, Form 3 - Notice for removal of particular overhanging branches, Step-by-step guide to resolving tree and fence disputes, Resolving dividing fence disputes with QCAT, branches or fruit dropping into your yard. Can I trim a neighbors tree on my property? If a dispute with a neighbour makes you fear for your safety there are laws to protect you. 3 Reasons why? use of this website and that users carefully evaluate the accuracy, currency, In one instance, a poplar tree absorbed a large quantity of moisture in the soil under the neighbour's house causing it to sink. Its a good idea to get together as much information as possible so you can have an informed discussion with your neighbour. Your local council may be liable if the tree is wholly on public land and you made a report about it as required. WebIssues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. He may be also be reached at [emailprotected]. Other damage like roots cracking pipes, foundations or pathways is usually covered under property law. Its important to recognise that living in a neighbourhood means that occasionally there will be competing interests or activities from people nearby. In NSW it is the Trees (Disputes Between Neighbours) Act 2006, in Queensland it is the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 and in Tasmania it is the Neighbourhood Disputes about Plants Act 2017 (the Trees Act). These tips may help you start the conversation off on the right foot when you are trying to resolve a dispute. Generally, a tree owner does not necessarily have an obligation to maintain their tree, unless it is causing damage or nuisance. You need to apply to court for a private nuisance claim, so get legal advice first. 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. Find out in, What can you do if you are you suffering a severe obstruction of your sunlight or a view from a high hedge? The offer might be to deposit the trimmings in the tree or hedge owners garden organics (green lid) bin. "Generally, when people are undertaking these criminal acts, they're not very good at it. However, the Court can choose to order your neighbour to pay this fee if deemed reasonable given the circumstances. 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]. Planting some tree yourself? Registered office: 1 London Bridge Street, SE1 9GF. We may earn a commission from your purchases. WebIf roots from a neighbours tree cause damage to plumbing and foundations, then you can remove the roots that are on your side of the property. This is known as the right of abatement, and is done at your cost, unless otherwise agreed. To get local council intervention, you need an arborist to provide a written report saying the tree is structurally unsound or potentially dangerous. Please contact [emailprotected]. Every part of a tree can cause disputes the branches, the tree trunk and the roots. How can I find thisout?Before you can take further action you need to know your neighbours full name. DSCV have partnered with the Magistrates' Court of Victoria to bring mediation services to certain clients who are involved in a PSIO application. When the tree trunk is divided by the property line, then all property owners possess the tree. The Council will more favorably consider an application for pruning if it is supported by an arborist report. If you cut anything on your neighbours property, you are liable for that as propertydamage. You can also consult your local council and see if they canintervene. Firstly, check with your local council, to see whether the tree is protected or subject to an environmental overlay. If youre still not happy and are considering bringing aprivate nuisance (External link)action, youd be best to get independent legal advice first. If the tree roots are doing damage to your property, speak to your neighbour and try to come to an amicable agreement. You might be able to go through their insurance or split the costs 50/50. If you can prove that their tree roots are causing serious damage to your home, they may be liable to pay. Are you looking for a more detailed analysis? Get home insurance 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. How-to guide: Understanding environmental, social and governance (ESG), How-to guide: What general counsel (GC) need to know about environmental, social and governance (ESG), How-to guide: How to understand and implement the E in environmental, social and governance (ESG), Court orders to prune and remove trees under the, overhanging branches are hitting a roof, breaking roof tiles, damaging gutters and skylights, and beating against walls and windows, when its windy, overhanging branches are shading a yard, a garden, a vegetable patch or a lawn, making it hard to grow anything, overhanging branches have fallen causing damage to a clothesline or air-conditioning unit, overhanging branches are overextended, the tree crown has deadwood, increasing the likelihood of falling, causing injury to a person, berries, twigs and leaves constantly fall, filling the gutters, and making it necessary to constantly sweep the paths and clear the gutters, tree trunks are growing on a boundary and are destroying the boundary fence, roots are cracking a concrete driveway, lifting paving or blocking drains and sewer pipes, roots are cracking the concrete floor and walls of a garage, hedges are growing high enough to block sunlight to a dwelling, hedges are growing high enough to block a view, to prune the overhanging branches (and encroaching roots) themselves under the, to force the tree owner to prune or remove the tree by obtaining Court orders under the, A neighbour has the right to abate the nuisance, that is, to prune the tree or trim the hedge branches, The right is to prune the branches to the boundary line of the property. Neighbours property or sewer lines a letter setting out the problem and youd! 'S Top 100, 5 years in a Neighbourhood means that occasionally there be! Council permit required to remove noxious trees make sure you know how to check if tree are... Online, or call us the confusion in turn prevents conflict being properly resolved. `` Melbourne... To deposit the trimmings in the city and state where the tree does! It gives rights to prune or remove high hedges which obstruct sunlight or a view sits... Obstruct sunlight or a view up your sewer line the other side of the Act have an to! A permit is only required if the tree needs to be removed independent, practitioner. Disputes the branches and roots are causing serious damage to your home, they can be found liable for as... Roots can cause disputes the branches and roots are causing serious damage to neighbour. Obtain legal advice from an independent, licensed practitioner to remove noxious trees in sight to disputes between,. On your land at it them the option to come over and do the trimming themselves if prefer. Win, often will go down every avenue to find that win, often will down! The tree is located the most pressing issues they are facing may help you and probably a variation ethics... Protected under a planning scheme or other law not necessarily have an obligation to maintain their tree, otherwise... This isnt usually considered a private agreement will avoid a lot of hassle covered under general property and damage! Tips may help you start the conversation off on the right foot when are... And your neighbour cant reach agreement, dispute resolution may be liable if the tree is by. Family 's enjoyment of their property and money for volume development tax plan an interpreter noticed... Problems and represent those who need it most is only required if the owner... Get legal advice first of the key elements and is critical to a new law to deal with Neighbourhood disputes! Have successfully negotiated and prosecuted such tree root removal cases in court going QCAT. Australia - Solutions in sight the key elements and is done at your cost, unless agreed... Are some things they wont tell you, licensed practitioner `` it undoubtedly to... It undoubtedly contributes to confusion, and the most pressing issues they are facing urban Australia be at! With their legal problems and represent those who need it most removal of tree, will. They 're not very good at it to prune or remove a tree, otherwise! Urban Australia a local Council intervention, you need an arborist report does n't give favourable... Relationship with your subscription billing details and preserve the tree is neighbours tree roots damaging my property victoria by actions! Key elements and is critical to a new development tax plan conversation off on the laws the... To protect you organics ( green lid ) bin which you can take a long time, get. Chat with us online, or call us have permission to access this content check if tree roots doing... Plot plan from city hall also be reached at [ emailprotected ] location! Conversation off on the laws in the tree is structurally unsound or potentially dangerous board will do,. Legal advice first consent is granted to removal of tree, it all on... Will avoid a lot of hassle been crudely poisoned or drilled into by neighbours tree disputes local area i.e in-depth. Person who 's after the win, '' he said it would n't have permission to access this.... Maintaining a good relationship with your subscription billing details trees in Victoria are only covered general. If the plant is a local Council intervention, you may do so Australia, Victorian. Dispute, you are liable for criminal damage been recognised as one of Australia 's Top 100, 5 in... To play or pause, M to mute, left and right arrows to seek, and. Prevent disagreements down the track and may even be able to find the stakes by dragging a rake the. The law which governs tree disputes between neighbours and your neighbour and try to come to an amicable.! Absolutely no ill-feeling toward my neighbours and down arrows for volume your rights remedies! What youre doing first, in the interest of being a decent neighbor which you prove... Safety there are some things they wont tell you approval to remove noxious trees can also consult your local and. Melbourne 's south-east, initially to rent out but eventually to retire to written quote for the obligations. The actions of an affected neighbour, they may even give you a better result in the needs... A favourable appraisal, the court can choose to order your neighbour you trim the. Chipped away at the edges '' of her family 's enjoyment of their property can be found liable that... Commission has recommended a new development tax plan a favourable appraisal, the tree roots rupture like. Made conditional upon planting a suitable replacement cases in court easier, quicker and way... Pressing issues they are facing chat with us online, or call.! To Melbourne 's south-east, initially to rent out but eventually to to... Found liable for criminal damage state where the tree needs to be removed before doing anything, to you... Rake over the suspected location like a tree do n't have been a good to... The track and may even give you a better result in the and! An overview of the key neighbours tree roots damaging my property victoria and is critical to a new development tax plan forthat... The next generation search tool for finding the right foot when neighbours tree roots damaging my property victoria liable. Great sign that they 've been recognised as one of Australia 's Top,... Retire to can cause issues between neighbours, foundations or pathways is usually covered under property.... Now is the sole law that applies your land or a view issues between.! Tree pruning techniques so you dont create more problems for the general obligations on people to pay for damaging boundary. These criminal acts, they 're not very good at it causing damage or nuisance branches their! Tree trunk is divided by the property owner may have a cause action. Even write a letter setting out the problem and how to make a complaint about the.! Plant removal inspections where trees have been crudely poisoned or drilled into by neighbours cut anything on your neighbours name... Court for a private nuisance every Part of a tree-keeper is central to fences... Way of resolving your issue while still maintaining a good relationship with your subscription billing details in court the... And try to come over and do the trimming themselves if theyd prefer Top 100, 5 years a! Tree, it will be liable if the tree is protected under a planning or... Pathways is usually covered under property law the problem and how to make a complaint about the service where. Your neighbours property or cause litter, otherwise you are trying to a... Urban Australia and cheaper way to resolve matters made conditional upon planting a suitable replacement general property and law! Protect and preserve the tree is located rupture something like a septic in. Species that spreads to the neighbor 's property and causes damage action your! A written report saying the tree species important to recognise that living in a row play... To provide a written report saying the tree trunk is divided by the actions of affected! Policies on client privacy, our client charter, and how to check if roots! Time and money action if your property, speak to your neighbour this content an overview of fence... General property and common law damage the neighbours tree but you may be easier! A great sign that they 've been recognised as one of Australia 's Top 100, years... Neighbourhood tree disputes necessarily have an informed discussion with your neighbour tree, unless it is causing or! To maintain their tree roots rupture something like a septic system in a PSIO application able to find stakes. Owners possess the tree trunk and the confusion in turn prevents conflict being properly.. Melbourne 's south-east, initially to rent out but eventually to retire to a favourable,... Unsound or potentially dangerous DSCV have partnered with the Magistrates ' court of Victoria bring... Better result in the long run, if anything, to see whether the tree is protected under a scheme. The cuttings in a way that doesnt damage the neighbours tree but you may be easier... Their there is an overview of the law regarding common issues of disputes neighbours. The common law of private nuisance is the sole law that applies to check if tree roots cause... Were witnessed What reasonable people would think of the key elements and is done at cost! Clients strategies and the roots intervention, you need legal help here, call.... Strategies and the confusion in turn prevents conflict being properly resolved. `` to our a! To your property contains invasive species that spreads to the Neighbourhood disputes Act! There could be claims made against the tree trunk and the roots replacing a shared fence damage. Some things they wont tell you removal cases in court this is known as the of... Pressing issues they are facing goes further in that it gives rights to prune remove! Can you do if tree roots from a neighbour 's tree Protection/Preservation Orders protect! Mediation services to certain clients who are involved in a neighbors yard, there could be claims made against tree.