neighbour poisoned my tree nsw

Posted by on Dec 29, 2020 in Uncategorized

If you have a problem with a neighbours tree don't take it upon yourself to to start hacking bits off it or cutting it down or poisoning it there are limitations on what can and can't be done. ... NSW: Tree and plant disputes. 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. I provided him quotes and he is saying that it is too expensive and he just wants my tree … Under common law you can, however, cut back any part of the tree, including roots that encroach on … 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 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. First things first, the opti­mum out­come is to resolve these types of dis­putes pri­vate­ly and ami­ca­bly with your neigh­bour. law. 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. tree. I think they poisoned it. Trees and the law What is the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011?. 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. Talk to your neighbour and ask your neighbour to lodge an application to council to assess the tree for pruning or removal. The affected neighbour would need to prove that actual loss or damage had resulted from the tree … My neighbour poisoned my olive tree that is at least 50 years old. put the request in writing to your neighbour and keep a copy. 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. 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. If the tree is a type that needs a permit from Council, there are a few options to get approval. 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. I need help with regards to my neighbour who I suspect of killing all my trees in my backyard with some sort of poison. Well my neighbour has poisoned my Fig (Benjamina ?) Hello. Everything revolving around neighbour’s trees is guided and controlled by the Tree Disputes Between Neighbours Act 2006. Can I cut and remove any problem branches and roots? 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 Court is able to waive this requirement if it thinks that it isappropriate in the circumstances(18). We leave in Edgewater which is a pretty leafy suburb. The Land and Envi­ron­ment Court will pro­vide an order which must be actioned by the neigh­bour caus­ing the impact. If they too are dying, then chemicals may have been poured into the soil around the 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. What can i do.They are very cruel You can contact your Council to find this out. You do not need a dividing fence if neither you nor your neighbour wants one. In NSW, if your neighbor tree grown over to your side you can trim it, but if it is still on their land only then you will have to talk to them. 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. So it is quite understandable to have trees in your backyard here. However, professional tree surgeons and tree pruners can be expensive. If you are having difficulties you should contact a Community Justice Centre. Tordon is the best tree killer on the market. any roots, fruit, branches you remove from your neighbour's tree remain your neighbour's property. 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? 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. Trees on neighbours property causing damage or overhanging my property. 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). you could ask your neighbour to cut back the branches, rather than doing it yourself. 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. 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. Select this link to for the contact details of NSW Community Justice Centres. 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. In the case of overhanging branches on rental property, the neighbour is the occupier’s landlord. My neighbour is poisoning my trees. Or see the Mediation section of this web site for information in other states. I want to prune a neighbour’s tree overhanging my boundary. If the Council rejects your appeal you can lodge an appeal to the Land and Environment Court. 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? Taking the matter to court should always be the last resort. A tree inside my garden has been poisoned by a neighbour. I want to prune a neighbour’s tree overhanging my boundary. Search for ‘trees’ on your council’s website to find which department to contact. • Conflicts relating to private trees tied up resources of local councils, chamber magistrates, members of Parliament, legal aid and the police. posted by jeanmari at 8:49 AM on April 17, 2005 . You can appeal to the Council to review the decision. 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. NEIGHBOURHOOD DISPUTES ABOUT PLANTS ACT 2017, Tasmanian Dept. If the problem branches or roots are spreading onto your property, you are entitled to cut them back. I bought this house in 2010. Knowing your legal rights and obligations may also help you resolve your neighbour dispute. In fact he has been quite nasty. Would I be committing an offence if I poisoned the tree? • Conflicts relating to private trees tied up resources of local councils, chamber magistrates, members of Parliament, legal aid and the police. 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. But he says it was accidentaly, spray drift over a 6ft fence! This is for trees that do not require a permit from the council. Some branches and leaves go into my neighbors yard. This can include an order: Seemed like it was set up for a slow drain into the tree. If you have any links on trees and neighbour issues in this state please contact us and we will post the links. My son who died at the age of 40, and I, planted the tree together. It’s what most arborists recommend for killing the hardiest trees. They have since been removed after I brought it to his notice with photo proof, all the trees were removed and roots poisoned. I provided him quotes and he is saying that it is too expensive and he just wants my tree … They have since been removed after I brought it to his notice with photo proof, all the trees were removed and roots poisoned. An old tree in my backyard died recently, which at the time I thought nothing of. 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. It’s important to try to maintain good relationships with your neighbours, so it’s always best to first talk to them about any problems you … The next step is to apply to the Local or Magistrates Court for an order requiring your neighbour to remove the tree. If your neighbour is happy to cooperate, they can apply to prune or remove the tree. What can I do to try to resolve the problem? My son who died at the age of 40, and I, planted the tree together. 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?. Points to consider: What if the Council does not grant the application to prune or remove a protected tree? If you do then you could be committing the offence of criminal damage and find yourself facing court charges and a fine. 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. Approach your neigh­bour in writ­ing address­ing the above con­cerns regard­ing the dam­age, dan­ger or obstruc­tion and work through them from there. As my tree was in place before a pool was built in 'huge branch' neighbours property, I was concerned that the pool may be damaged by the roots. This websit has ceased to function however it still exists in The Wayback Machine web archive and that is what is linked to below. They have been cutting branches of without even asking. 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? I have repeatedly asked him to cut it down but he has refused. Drill several holes in roots under the soil and pore Tordon in it. The tree/hedge must be on the land adjoin­ing the affect­ed neighbour’s prop­er­ty. Land and Environment Court - Trees or hedge disputes process, NSW Trees (Disputes Between Neighbours) Act 2006 Info Sheet PDF, Community Tree Watch Group - working to protect healthy public trees from inappropriate removal. Legal action. If you’re look­ing for detailed infor­ma­tion or resources with how to man­age your neigh­bour tree dis­pute you can take a look at the legal acts; Includ­ing: If you would like to dis­cuss any ques­tions you may have with respect to if you’re eli­gi­ble to claim a neigh­bour tree dis­pute or require sup­port rem­e­dy­ing a neigh­bour tree dis­pute, please con­tact Scott Williams on 02 6583 0427 or swilliams@dohlaw.com.au. 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”. He was at first cooperative, saying for me to get quotes to get the matter fixed. The tree/hedge must be on the land adjoin­ing the affect­ed neighbour’s prop­er­ty. To answer these question, we need to go back to first principals: Insurance is a contract between an insurer and you. If they too are dying, then chemicals may have been poured into the soil around the tree. . 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. What can i do.They are very cruel If necessary, you can sue to enforce your rights. 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. When there is no tree preservation order. My neighbour’s tree has branches that are overhanging or roots that are encroaching onto my property. Assessment of the tree pruning or removal needs to come from the property owner that the tree is on. 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. 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. He has admitted to poisoning it. Answer: Trees can be a common cause of disputes between neighbours. 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. Some branches and leaves go into my neighbors yard. He has admitted to drilling holes in the tree and administering poison. The more I think about it, the more I suspect foul play, especially considering: The roots are right against my fence. Q. 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). Check the grass, plants and trees growing near the affected tree to see if they also show signs of being poisoned. The neighbour and local council need to be served at least 21 days before the preliminary hearing(17). 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. I am quite sad about the situation. The tree or hedge in con­cern must meet the def­i­n­i­tion of a tree or hedge as stat­ed in the Trees Act. No. However, dealing with a neighbour can lead to difficulties in deciding what should be done and who should pay for it. They can apply to the land adjoin­ing the affect­ed neighbour ’ s prop­er­ty up for a couple of years some! 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