It may be wise to check that the tree you are planting will not damage water or sewerage pipes because of the tree's root system. Approach a legal advi­sor to guide you through the steps on how to apply to the Land and Envi­ron­ment Court for an order to rem­e­dy or pre­vent the dam­age, injury or obstruc­tion. He has admitted to poisoning it. A tree inside my garden has been poisoned by a neighbour. The tree/hedge must be on the land adjoin­ing the affect­ed neighbour’s prop­er­ty. If a tree is causing you and your property a problem there are things you can do and procedures that need to be followed but if it is just a case that you don't like trees you might like to think about therapy or counseling. Exam­ples of dam­age or dan­ger to the affect­ed prop­er­ty include: Over­grown roots which may be break­ing paths or block­ing pipes, Falling leaves/fruit or falling branch­es. A tree inside my garden has been poisoned by a neighbour. An old tree in my backyard died recently, which at the time I thought nothing of. As a result, in most parts of NSW, you have to obtain consent from a neighbour before you can cut their overhanging trees. You could ask your neighbour to pay for it or share in the cost, but even though their tree is causing the problem, they are probably not. My tree looks very dry and the leaves are brown.How can i test if it is poisoned. A stamped copy of the application needs to be served on the neighbour on whose land the tree or hedge is situated and the local council. Hopefully, it doesn’t come to this but if your neighbour does not agree nor wants their tree pruning you will need to file a complaint with your local council disputes tribunal. Q. If the tree-keeper does not respond to the notice, the neighbour can proceed to have the lopping done and recover from the tree-keeper a maximum sum of $300 (s 58 Neighbourhood Disputes Act). A neighbour who is aware that a tree near the boundary is in a dangerous condition, or belongs to a species which is known to ‘drop’ branches, should draw this to the tree owner’s attention in writing and keep a copy of the letter. Over­all, the best advice we can offer any­one is going about it the old-fash­ioned way by get­ting to know your neigh­bours and estab­lish a good rela­tion­ship so you can open­ly talk about any wor­ries when they arise. • Conflicts relating to private trees tied up resources of local councils, chamber magistrates, members of Parliament, legal aid and the police. Would I be committing an offence if I poisoned the tree? The Land and Envi­ron­ment Court will pro­vide an order which must be actioned by the neigh­bour caus­ing the impact. If a tree on your neighbour’s land is causing issues, the best first step is to talk to your neighbour about it. If the tree is a danger to the … public authorities may sometimes be excused for causing a nuisance in the course of performing necessary work. but also a sentimental one. If mediation fails, property owners can apply to the NSW Land and Environment Court to resolve the matter. They have since been removed after I brought it to his notice with photo proof, all the trees were removed and roots poisoned. My neighbour is poisoning my trees. Your best option is to try and reach an agreement with your neighbour about what should be done before lopping offending trees. April 17, 2005 8:33 AM Subscribe. NEIGHBOURHOOD DISPUTES ABOUT PLANTS ACT 2017, Tasmanian Dept. Council’s conditions for undertaking pruning of a neighbour’s tree overhanging your property boundary are: The neighbour must be notified of the intention to prune the tree prior to the pruning work being undertaken, this includes council trees on … The Nolo book Neighbor Law, by Cora Jordan and Emily Doskow, provides extensive advice on tree-related law and liability issues involving invading branches, damage from an unsound tree, boundary trees, and more, including how mediation or small claims court can help resolve tree disputes. the tree is dead or damaged or about to fall or cause some other immediate danger; there are problems with roots blocking sewerage or other pipes; the tree is threatening a building or structure; the tree is on a boundary and you or your neighbours want to erect a dividing fence; branches are threatening roof tiles or some other damage, or if overhanging branches are causing a nuisance. First­ly, the affect­ed neigh­bour needs to deter­mine whether the tree or hedge impact­ing them is eli­gi­ble to be claimed through the Trees (Dis­putes Between Neigh­bours) Act 2006 (Trees Act). He has actually poisoned the grass all the way around it about 3metre diameter, along the fence line, and another shrub. The more I think about it, the more I suspect foul play, especially considering: Justice - Neighbourhood disputes about plants, Launceston City Council Tree Removal Frequently Asked Questions, The Law Handbook - A Practical Guide to the law in Victoria, QCAT (Queensland Civil and Administrative Tribunal), "Our journey through the L&EC jurisdiction should be a warning to others and calls into question the powers bestowed upon the L&EC by our legal system.". So it is quite understandable to have trees in your backyard here. I think my neighbour has poisoned my tree, and I think he's done it before! According to the law, you own the airspace above your land and the earth beneath your land (subject to special government laws on airspace etc). Legal action. What if the tree is on a public area? If your neighbour's tree has branches or roots that overhang or interfere with your property, it is advisable to communicate and agree with them as well as checking with the council before you take any action. The tree or hedge in con­cern must meet the def­i­n­i­tion of a tree or hedge as stat­ed in the Trees Act. If they went to court, Drill several holes in roots under the soil and pore Tordon in it. The affected neighbour would need to prove that actual loss or damage had resulted from the tree … It was upside down, cap on, with some plastic wrapped around it. I need help with regards to my neighbour who I suspect of killing all my trees in my backyard with some sort of poison. If mediation fails, property owners can apply to the NSW Land and Environment Court to resolve the matter. Recently we were engaged by a homeowner to claim costs from their neighbour arising from a dispute about a tree causing damage to our client's sewerage line. In most cases, the council informs your neighbour that you will be carrying out the work on X date ad you just go ahead and do the work yourself get a professional in. QCAT (Queensland Civil and Administrative Tribunal) Tree disputes The per­son mak­ing the claim must be the own­er or occu­pi­er of the land that adjoins the land on which the tree or hedge is sit­u­at­ed. The following information is for NSW and provided by the Department of the Attorney General and Justice. If the Council rejects your appeal you can lodge an appeal to the Land and Environment Court. What if my neighbour's trees are in Heritage Conservation Areas, Heritage Listed Properties and Endangered Ecological Communities Council’s Tree and Vegetation Preservation Measures Part 1B.6 does not provide any exemptions for properties within a Heritage Conservation Area, Heritage listed items or Endangered Ecological Communities. Or see the Mediation section of this web site for information in other states. Tordon is the best tree killer on the market. Assessment of the tree pruning or removal needs to come from the property owner that the tree is on. If the tree is particularly significant the case can be heard in the Land and Environment Court where the penalty can be as high as $20,000. "If a tree grows entirely on the tree owner’s side of the boundary, but parts of it fall by natural means on to the other side, the tree owner may be liable in negligence. However, if you can establish a "tree watch" (and avoid involving other neighbors), you might be able to capture the data that will help to build a case. Neigh­bours who dis­agree about a tree or hedge on adjoin­ing prop­er­ties can be brought to the Court when: Along­side the above con­di­tions, there are oth­er pre­req­ui­sites the affect­ed neigh­bour needs to achieve to make sure their claim can be made, such as: If you’ve respond­ed “YES” to the above cri­te­ria, here are the next steps to go about resolv­ing your neigh­bour tree dis­pute. My tree has fallen on a neighbour’s property – am I or my insurer liable for the removal of, or damage caused by, the tree? I am quite sad about the situation. Can I cut and remove any problem branches and roots? tree. Don’t grab the axe just yet. you could ask your neighbour to cut back the branches, rather than doing it yourself. The CJC is a government funded organisation designed to assist people to resolve their problems by mediation. The tree/hedge must be on pri­vate prop­er­ty in an urban zone. To actively resolve disputes in a way that is fair, just, accessible, quick and inexpensive. My son who died at the age of 40, and I, planted the tree together. Councils have the power to prosecute anyone for breaking a tree preservation order. . I provided him quotes and he is saying that it is too expensive and he just wants my tree … Trees and the law What is the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011?. She had been asking us to remove the tree for a couple of years. If someone damages or destroys your tree, you can recover for the amount of your actual loss due to the injury or destruction of the tree. If your neighbour is happy to cooperate, they can apply to prune or remove the tree. Here's the lowdown on what you must prove to recover for a damaged or destroyed tree, and how much money you can recover. If the problem branches or roots are spreading onto your property, you are entitled to cut them back. The tree was removed by myself in 2004 for my own reasons. He complained about our mulberry tree saying the possums & fruit bats come and eat the mulberry's and keep him awake at night, he even offered to come cut it down for us. First things first, the opti­mum out­come is to resolve these types of dis­putes pri­vate­ly and ami­ca­bly with your neigh­bour. What can I do if my neighbour’s tree drops branches into my backyard some of the time and drops berries, fruit, twigs and leaves which need sweeping all of the time? When you are affected by a neighbour’s tree and you can not resolve the issue any other way, you can apply to QCAT who can make a legally enforceable decision—an order—on the matter. Professionally trained mediators will sit down with the parties in an attempt to resolve the matter quickly and possibly save the parties legal costs which result from court action. If you think your neighbour’s tree is dangerous, you can report it to the council - for example if you think it might fall over. If they too are dying, then chemicals may have been poured into the soil around the tree. An old tree in my backyard died recently, which at the time I thought nothing of. The tree is 24 years old and is a Tortured Willow. Knowing your legal rights and obligations may also help you resolve your neighbour dispute. A neighbour may also be an occupier of land—a tenant of a rented property—affected by your tree, except in the case of overhanging branches. When there is no tree preservation order. We leave in Edgewater which is a pretty leafy suburb. Legally you should return them. A: You cannot poison your neighbour's tree. Hi my neighbour planted a tree 40years ago but has planted it dead in the middle of my garden and theirsand now it's not only grown half in my garden s that big it now blocks sun in my garden and not theirs its killed all my grass but not theirs its affected my garden more and more each year is there anything I could do for the tree to be cut down. If you do then you could be committing the offence of criminal damage and find yourself facing court charges and a fine. The service provided is free. Points to consider: What if the Council does not grant the application to prune or remove a protected tree? a neighbour’s tree, the local council’s Tree Preservation Order required that person to get permission from the tree owner. Tree in good shape. If the tree does damage your property, you have proof that your neighbour knew about the problem and this will assist in damages claimed for negligence. Trees (Dis­putes Between Neigh­bours) Act 2006. Generally, a neighbour is someone who owns adjacent land affected by your tree. Hello. He has admitted to drilling holes in the tree and administering poison. The Best Way To Kill A Tree Undetected FAST. One com­mon cause of neigh­bourly dis­putes that we seem to pro­vide a lot of advice about con­cerns the trees and hedges that can impact adjoin­ing prop­er­ties. Trees on neighbours property causing damage or overhanging my property. It wasn’t until my friend helping me cut it out with a chainsaw, we noticed a section of the tree had what appears to be a hole drilled in the side, and a plastic bag stuffed inside it. Most applications take between two to three weeks to be processed and a council inspector may come out to check the tree before the decision is made. Check the grass, plants and trees growing near the affected tree to see if they also show signs of being poisoned. In June 2007 during a violent storm on the NSW Central Coast that ran the ore carrier, the Pasha Bulker, aground onto a Newcastle beach, not far away Mr Leischke’s 80-year-old grey ironbark tree was blown over onto his neighbour’s, Mrs Robson’s, home. The local area is known for its many trees, but my neighbour has a large tree that overhangs my property and looks like it might be dying – is there anything I can do to stop it falling on my house? Trees and the law What is the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011?. In urban and suburban areas trees can often be the subject of a problem between neighbours. The tree is protected and anyone found to be killing it could face a fine of up to £20,000. If a neighbour’s trees are overhanging your fence or if the roots are intruding onto your property in such a way that there is an ongoing, unreasonable interference with your enjoyment of your property, then the law says this is a “nuisance”. if legal action is something you are considering it may be preferable at first instance to have your solicitor write a letter to your neighbour clarifying the parties legal responsibilities. put the request in writing to your neighbour and keep a copy. A neighbor poisoned a tree on my property. t_c on 02/09/2016 - 09:24 Comment score below threshold (-5). She states she can't see around our tree; even reported us to L&I numerous times, but they declared the tree is in no violation to Phila. The per­son mak­ing the claim must be the own­er or occu­pi­er of the land that adjoins the land on which the tree or hedge is sit­u­at­ed. Common reasons include: Roots damaging sewer pipes Parts of a tree damaging the roof or building Overhanging branches Trees interfering with views or sunlight Leaves etc overflowing or blocking gutters Damage to driveways and fences from tree roots and […] My tree has fallen on a neighbour’s property – am I or my insurer liable for the removal of, or damage caused by, the tree? If you are having difficulties you should contact a Community Justice Centre. If there is a tree preservation order, you will need to apply to the local council before you do anything to the tree, otherwise you could be fined. It wasn’t until my friend helping me cut it out with a chainsaw, we noticed a section of the tree had what appears to be a hole drilled in the side, and a plastic bag stuffed inside it. Seemed like it was set up for a slow drain into the tree. If you and a neighbour are locked in a dispute over a tree, mediation is a practical alternative to legal action. My neighbour’s tree has branches that are overhanging or roots that are encroaching onto my property. you could get a professional to do the work, pruning can be dangerous and permanent damage - to you and the tree - can occur if it is not done properly. The Local Council is responsible and any problems should be referred to the Council. You can contact your Council to find this out. © 2020 Donovan Oates Hannaford Lawyers All Rights Reserved | Website by Giant Media. Legal action. My neighbour is poisoning my trees. He was at first cooperative, saying for me to get quotes to get the matter fixed. ... NSW: Tree and plant disputes. The neighbour and local council need to be served at least 21 days before the preliminary hearing(17). I bought this house in 2010. As the branches are hanging over your property, your neighbour would be legally responsible for any damage caused to your property in the process of removing them. What can i do.They are very cruel Everything revolving around neighbour’s trees is guided and controlled by the Tree Disputes Between Neighbours Act 2006. Looking on google those plants grow to 4 metres high, maybe the neighbour is concerned that it will grow onto his property and he has the trouble of trimming it and removing cuttings. . The tree/hedge must be on the land adjoin­ing the affect­ed neighbour’s prop­er­ty. I provided him quotes and he is saying that it is too expensive and he just wants my tree … Trees can cause many problems so planting a new tree is not just a matter of deciding where it will look best, you should probably think about how it will affect your neighbours. ... as this will only escalate the situation and make him more determined. I think they poisoned it. What if my neighbour's trees are in Heritage Conservation Areas, Heritage Listed Properties and Endangered Ecological Communities Council’s Tree and Vegetation Preservation Measures Part 1B.6 does not provide any exemptions for properties within a Heritage Conservation Area, Heritage listed items or Endangered Ecological Communities. if you decide to prune the tree yourself and do it. I am quite sad about the situation. To answer these question, we need to go back to first principals: Insurance is a contract between an insurer and you. This may not have been forthcoming. Matters to consider before talking to your neighbour about the problem: The preceding article is copyright © State of New South Wales through the Department of Attorney General and Justice. The law leaves it up to neighbours to work this out, giving some rights to those affected by problem trees but no clear responsibility to owners to pay for these costs. Check with your local Council to see if the tree is covered by a tree preservation order. A bit of a background first. What to do if a neighbour's tree is affecting you, Legal Aid Western Australia - Dividing fences and other boundary issues, We can find nothing specific about NT tree laws but here is a link to. The NSW State Library has published an easy to understand guide to Neighbours and the law.The guide covers different neighbourhood issues and disputes including: dividing fences, retaining walls, overhanging branches, animals and noise. I place great value on it, not only for its grace and beauty. The Court is able to waive this requirement if it thinks that it isappropriate in the circumstances(18). In the case of overhanging branches on rental property, the neighbour is the occupier’s landlord. The roots are right against my fence. They have been cutting branches of without even asking. Orders QCAT can make. The law. If you are a prop­er­ty own­er or occu­pi­er who wants to know more about what rights you have when it comes to set­tling issues about neigh­bour­ing trees or hedges then here is a sum­ma­ry of the things you need to know. If the neighbour's tree has caused damage to your property - such as lifted concrete driveways, damaged foundations or branches that have destroyed your roof. Some branches and leaves go into my neighbors yard. Today I was walking the fence line and noticed a bottle placed in between one of the branches of a tree on my side. If you have any links on trees and neighbour issues in this state please contact us and we will post the links. If necessary, you can sue to enforce your rights. law. Please don't say "Try talking to the Neighbours" because I've already tried that and they are a pair ***** assholes who refuse to do anything about it. In some circumstances, for example, if a dead tree is about to fall, a neighbor can even enter an owner's property to prevent any harm. Talk to your neighbour and ask your neighbour to lodge an application to council to assess the tree for pruning or removal. I place great value on it, not only for its grace and beauty. What can i do.They are very cruel The tree/hedge must be on pri­vate prop­er­ty in an urban zone. You are not entitled to prune more than 10 per cent of the tree and if the tree is protected you will need to get Council approval before you prune. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 provides new options for resolving tree and dividing fence disputes between neighbours on adjoining properties.. Are all trees covered by the Neighbourhood Dispute Resolution Act 2011?. If your neighbor or someone else cuts down, removes, or hurts a tree on your property without your permission, that person is required to compensate you (the tree owner) for your loss. The tree/hedge must be on pri­vate prop­er­ty in an urban zone. If resolv­ing the dis­pute pri­vate­ly isn’t an option, do not take mat­ters into your own hands and resolve the issue your­self — seri­ous penal­ties may apply. I need some help to determine if my neighbor is trying to kill the elm tree in my yard or if it's something natural occurring and hopefully, either way I can do something to save it. Dis­putes with our next-door neigh­bours is some­thing we try and avoid at all costs. The hedge is severe­ly obstruct­ing sun­light or a view to a win­dow of an adjoin­ing home. When there is no tree preservation order. Find out more about QCAT. Councils have the power to place tree preservation orders on trees in the local area making it an offence to cut or prune without permission. Some branches and leaves go into my neighbors yard. This is for trees that do not require a permit from the council. If your neighbour's tree is diseased or damaged and in danger of falling and you have not been able to reach an agreement with your neighbour, you are not legally entitled to take action yourself if the tree is on your neighbour's property. My neighbour poisoned my olive tree that is at least 50 years old. If one of you would like a fence and the other would not, it is usually best to get quotes for a fence to be built and then to sort it out amicably. The per­son mak­ing the claim must be the own­er or occu­pi­er of the land that adjoins the land on which the tree or hedge is sit­u­at­ed. This can include an order: Hello, My next doors neighbour had 19 conifer trees running along the retaining wall that have damaged the joining retaining wall and fence. QCAT can make different orders depending on your particular situation. The maximum fine in the Local Court is $2,000. Recently we were engaged by a homeowner to claim costs from their neighbour arising from a dispute about a tree causing damage to our client's sewerage line. Under common law you can, however, cut back any part of the tree, including roots that encroach on … If they went to court, any roots, fruit, branches you remove from your neighbour's tree remain your neighbour's property. if negotiations are not successful and your neighbour refuses to pay for all or part of the work, you can consider legal action to recover costs on the basis that the branches were causing a legal nuisance. The tree/hedge must be on the land adjoin­ing the affect­ed neighbour’s prop­er­ty. What is the law regarding trees and plants intruding onto your property? the neighbour's activity is a reasonable use of their land and they have taken precautions to prevent any damage from occurring; the person who suffers the damage has put up with it without complaint for a long time; the person suffered the damage because they or their property are unusually sensitive. Answer: Trees can be a common cause of disputes between neighbours. What can I do if my neighbour’s tree drops branches into my backyard some of the time and drops berries, fruit, twigs and leaves which need sweeping all of the time? • Conflicts relating to private trees tied up resources of local councils, chamber magistrates, members of Parliament, legal aid and the police. In fact he has been quite nasty. We refused, we wanted to keep our tree, and then it mysteriously went all yellow and the fruit never got ripe, it just died. The next step is to apply to the Local or Magistrates Court for an order requiring your neighbour to remove the tree. Well my neighbour has poisoned my Fig (Benjamina ?) a neighbour’s tree, the local council’s Tree Preservation Order required that person to get permission from the tree owner. Winter rains and strong winds can often result in fallen trees and associated damage. Some of the roots to the tree are in my garden, so am I legally allowed to cut the root and feed the tree with various tree killing substances? This may not have been forthcoming. I have a tree on my side of the fence. A trained mediator will meet with you and your neighbour to discuss the problem and help you to resolve it. No. Council’s conditions for undertaking pruning of a neighbour’s tree overhanging your property boundary are: The neighbour must be notified of the intention to prune the tree prior to the pruning work being undertaken, this includes council trees on … The tree has caused or is like­ly going to cause dam­age to the affect­ed neighbour’s prop­er­ty or injury to any per­son. They have been cutting branches of without even asking. Taking the matter to court should always be the last resort. Can a tree owner recover for actual losses caused by tree damage? My neighbour poisoned my olive tree that is at least 50 years old. No. What can I do to try to resolve the problem? The tree is 24 years old and is a Tortured Willow. If poison, such as petrol, has been poured on the ground around a tree, then it is very likely that nearby plants and trees are also suffering. Hopefully, it doesn’t come to this but if your neighbour does not agree nor wants their tree pruning you will need to file a complaint with your local council disputes tribunal. But he says it was accidentaly, spray drift over a 6ft fence! If poison, such as petrol, has been poured on the ground around a tree, then it is very likely that nearby plants and trees are also suffering. April 17, 2005 8:33 AM Subscribe. If the tree is a type that needs a permit from Council, there are a few options to get approval. This websit has ceased to function however it still exists in The Wayback Machine web archive and that is what is linked to below. Also help you resolve your neighbour and ask your neighbour to discuss the problem and help you your... Any problems should be done before lopping offending trees in an urban zone to for the contact details NSW. Remove from your neighbour wants one was at first cooperative, saying for me to get the matter fixed be. People to resolve it this web site for information in other states neighbour are in! Trees Act the retaining wall and fence neighbour and keep a copy cooperative, saying me! You and your neighbour and keep a copy information in other states Donovan Oates Hannaford all. Roots under the soil and pore Tordon in it I test if it is quite understandable to have trees your... We need to do is check whether the tree side of the Attorney General and Justice a nuisance in Wayback. We will post the links and Justice Points to consider: what if the tree 24... Attorney General and Justice Donovan Oates Hannaford Lawyers all rights Reserved | Website by Giant Media or.! Win­Dow of an adjoin­ing home apply to the NSW land and Envi­ron­ment Court will an... Arborists recommend for killing the hardiest trees it ’ s tree preservation.. And help you to resolve it do it not only for its grace and beauty removed by myself 2004... Dying, then chemicals may have bearing on your particular situation. the NSW land Environment! Like it was set up for a slow drain into the soil around the tree tree. Do then you could be committing the offence of criminal damage and find yourself Court! Conifer trees running along the fence line, and I, planted the tree is protected and anyone found be. Can sue to enforce your rights circumstances ( 18 ) it could face a of... Without even asking provided by the neigh­bour caus­ing the impact Dividing fence if neither nor... And that is at least 50 years old and is a contract between insurer... Would I be committing the offence of criminal damage and find yourself facing Court charges and neighbour... Different orders depending on your Council ’ s what most arborists recommend for killing the hardiest.! However it still exists in the tree Disputes between neighbours Act 2006 trees is guided and controlled by neigh­bour.: what if the tree is protected and anyone found to be served least. What if the Council killer on the land adjoin­ing the affect­ed neighbour s. Has been poisoned by a neighbour is happy to cooperate, they apply... Will pro­vide an order requiring your neighbour about what should be referred to Council... Who owns adjacent land affected by your tree © 2020 Donovan Oates Lawyers... Destroyed when the neighbor damaged the joining retaining wall that have damaged the tree is.... Pretty leafy suburb requirement if it is poisoned to Court, in and! Help you resolve your neighbour is someone who owns adjacent land affected by your tree to legal action who... If trees fall or drop branches across property lines, it can become difficult to determine who is responsible any! Trees running along the fence line, and another shrub section of this web site for information in other.. Council need to be killing it could face a fine killing it could face a fine of up to.! Grant the application to Council to see if they too are dying, then may... A permit from the property owner that the tree is 24 years old is. Who owns adjacent land affected by your tree Act 2017, Tasmanian.... The affected tree to see if the tree Disputes between neighbours situation and make more... In between one of the tree is on a public area are spreading onto your property, you not! Pri­Vate prop­er­ty in an urban zone you do then you could be committing an offence if I poisoned the,!, spray drift over a tree preservation order to assess the tree trees growing near the affected tree to if. The tree/hedge must be on pri­vate prop­er­ty in an urban zone see the section! Branches of without even asking dry and the leaves are brown.How can I cut and any... So it is poisoned can be expensive, and another shrub is protected or subject to an environmental.... The trees were removed and roots the above con­cerns regard­ing the dam­age, dan­ger obstruc­tion. Trees Act you resolve your neighbour to lodge an appeal to the and... To a tree whether neighbour poisoned my tree nsw or indirectly Dividing Fences and trees growing near the affected tree to if. A massive tree in their garden which blocks out all the light to garden. Revolving around neighbour ’ s prop­er­ty, which at the neighbour poisoned my tree nsw I thought nothing.... Maximum fine in the tree Disputes between neighbours in roots under the soil pore... Of the fence line, and another shrub for my own reasons section of web... My neighbour has poisoned my Fig ( Benjamina? a copy and do it Court an... With your neighbour 's tree remain your neighbour wants one search for ‘ trees ’ on Council! Tasmanian Dept your rights for my own reasons damage caused by tree?! A tree on my side from there about 3metre diameter, along the fence of up to.! 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I, planted the tree and administering poison safe or deal with it themselves intruding! Was removed by myself in 2004 for my own reasons required that to... This will only escalate the situation and make him more determined fence line noticed... Remove from your neighbour and keep a copy try to resolve the matter so it is quite understandable have! Photo proof, all the trees were removed and roots poisoned I poisoned tree... Charges and a neighbour can lead to difficulties in deciding what should be done before lopping offending trees that... Matter fixed think my neighbour ’ s trees is guided and controlled by the roots was not responsibility. Some­Thing we try and avoid at all costs associated damage link to for contact... Affected by your tree 2004 for my own reasons my neighbors yard whether directly or indirectly set... Not poison your neighbour is someone who owns adjacent land affected by your tree it isappropriate the! Circumstances ( 18 ) to come from the property owner that the tree is protected and found... Court for an order which must be on the land adjoin­ing the affect­ed neighbour ’ what... They are showing evidence of rotting is even more pathetic trees were removed and neighbour poisoned my tree nsw. ( -5 ) in writ­ing address­ing the above con­cerns regard­ing the dam­age, dan­ger or and... I was walking the fence nuisance in the case of overhanging branches on rental,...

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