Trees that grow 20-40 feet (6-12 m.) tall should be planted 25-35 feet (7.5-10.5 m.) away from telephone or utility posts. Roots. The Court criticised this report on a number of grounds, including its failure to fulfil several of the criteria for expert reports in the Expert Code of Conduct. The Financial Rights Legal Centre also operates the Insurance Law Service, a national specialist consumer insurance advice service. In several cases the court has emphasised that the usual dropping of leaves, flowers, fruit, seeds or small amounts of deadwood will not ordinarily justify an order to interfere with or remove a tree. If one owner fells the whole tree without permission from the other owner, that would make them liable (as this amounts to trespass). The court may also order compensation for damage already caused by a tree. This ensures trees have the best possible start to a long life. However it would not include land further away. A tree planted on your neighbour's land belongs to them, and they will be liable for any damage it causes. Illegal plantings can interfere with drains or public works, or they may be considered inappropriate for a particular environment. As the cones would fall without warning, the Ghazals had become increasingly worried that someone would be hurt and so applied to the Court for orders that the tree be de-coned. Cats dig up my plants, dogs bark all night, neighbours make my life a misery with their music. This obstruction was considered severe. The Court will generally need expert medical evidence provided according to the, The damage must not be minor or insignificant, for example, a negligible displacement of a fence or a badly secured vent pipe being knocked over (, The damage must be directly caused by the tree. Reports from an arborist, engineer and a structural engineer were provided by the parties and the Court made a site visit. It argued that there have been no recorded fatalities from a falling cone and that the mathematical chance of harm from a cone and its cost in dollar terms is far cheaper than the cost of ongoing de-coning. The Act gives local councils power over the control and management of weeds (section 370). At the start of my research, I thought that most states and territories had blanket laws aimed at protecting trees on private land. • There were no restrictions on the type or number of trees that people may plant on land they own or occupy. Below is an outline of the laws most relevant to neighbours. The hedge would respond well to moderate pruning without severely impacting on the Rappos’ privacy or amenity. This means, if you do not like the Court’s decision, you can only appeal it on the grounds that an error of law has been made (Land and Environment Court Act 1979, section 56A). Planting a tree will increase the value of your home. In rural areas, clearing vegetation on your land may require other approvals, licences or permits. There is also the duty to notify of the presence or suspected presence of prohibited matter, listed in Schedule 2 of the Act (Part 4). Ideally, neighbours will be able to resolve such issues amicably and without third party intervention. He contacted the Community Justice Centre and asked about mediation. Even where they do exist, they rely heavily on local government to administer them. The best time to trim your garden hedge, Trees and power lines: common hazards and key precautions, 5 top tips and best techniques for properly pruning a tree, The 6 most frequently asked questions about tree removal, Yellow Pages Digital & Media Solutions Limited, Prevent avoidable damage to certain structures as the tree grows near houses, power lines and sidewalks, Protect air quality and purity of groundwater supplies. In Ghazal v Vella large cones dropping from a neighbour’s Bunya pine were creating problems for the Ghazal household in Blacktown. The law is clear that one cannot exercise his right to plant a tree in such a manner as to invade the rights of adjoining landowners. Sitting views are more difficult to protect. You can also contact a Community Justice Centre for mediation with your neighbour about your concerns. She did not have her neighbour’s consent and did not have a permit from the Hunters Hill Council. Hedges in the front yard may not exceed more than two metres in height. Ms Liu had approached the council to apply for a permit, saying the trees sparked during storms and were dropping leaves into her pool. Certain species of trees are prohibited due to risk of disease or to conserve the ecological diversity of an area. In NSW legislation largely regulates the planting, pruning, destruction and removal of trees and plants and also deals with some of the disputes. The Court found that the Ellsworth’s trees had contributed to the damage of the Dean’s driveway but that the age and construction of the driveway were the main causes of its deterioration. Planted trees must not cause damage to neighboring properties, presently or in the future. These rules only apply if the land is identified as being eligible. The Biosecurity Act 2015 applies to all NSW land and waters and sets out a general duty of any person who deals with any plant that poses a biosecurity risk, to ensure that risk is prevented, eliminated or minimized, so far as is reasonably practicable (Parts 1 and 2 and section 22). Trees and plants are a common cause of disputes between neighbours. Plant large trees at least 35 feet (11 meters) away from the house for proper root development and to minimize damage to the building(s). Boundaries. Or with your landlord? The Court’s Commissioner hearing the case, together with the parties and any experts involved in the case, attend the applicant’s property and the tree (or hedge) to thoroughly inspect the problem and better understand the evidence. To request a street tree complete our Street Tree Request (0.07mb pdf form) . In the case of Voeten v Adams [2011] NSWLEC 1106 the applicant’s letter requesting the hedge be pruned was considered a reasonable effort. They were also worried branches could damage their home. Read on! Importantly, under section 10, the Court cannot make an order under Part 2 unless it is satisfied that: If these conditions are met, the Court must then consider a number of other matters contained in section 12. Bonfires. But the Rappos refused. It’s better to be safe than sorry. Around the Moree water park, a human-made water-skiing area 6km north-west of the New South Wales … Impact on the views from living areas is more significant than from bedrooms or service areas. where the application relates to damage to the applicant’s property or likely injury to any person: anything other than the tree that has contributed, including any act or omission by the applicant, and the impact of any trees owned by the applicant. SA: Fences and the law. This ensures trees have the best possible start to a long life. Before using this web site please read the disclaimer. SA: Trees and the law. But each summer since 2004 the Bunya pine had been dropping large cones weighing up to 10 kg. Tree Type. Also they are evergreen and so provide a year-round obstruction. Walls. Some water-loving trees have shallow, aggressive tree roots that can cause major problems in sewage lines. Under the Biosecurity Act, all plants are assessable for their biosecurity risk. They also made a timeline and an agreement about sharing costs. The Trees (Disputes Between Neighbours) Act 2006, called the ‘Trees Act’, provides a much cheaper and simpler method for resolving some of the tree disputes between neighbours than the legal remedy that was previously available. The SES attended and managed to cut dangerous branches and erect a tarpaulin over the affected parts of the house. A tree should be planted on properties of all newly-built homes. At the start of my research, I thought that most states and territories had blanket laws aimed at protecting trees on private land. Newly-planted trees must not affect highway visibility or hide street signs. Do you knowwhat the rules and by-laws are for planting trees on your property? But if the tree was planted on the boundary, you are probably a co-owner. Having problems with neighbours over fences or trees? Yellow PagesTM, Walking Fingers & DesignTM, YP.caTM, Find. VIC: Guide to maintenance and repair of fences. All Rights Reserved. It provides telephone assistance and financial counselling as well as legal advice and representation. Orders under Part 2A to remedy, restrain or prevent the obstruction can require action such as: An order for compensation for the obstruction, however, is not available (section 14D). trees provide shade and shelter for stock, create protected areas and slow hot winds In October, Mrs Robson made an application under the Trees Act to the Land and Environment Court for compensation for the damage caused by the tree. The Court dismissed the application to remove the trees and ordered that the two sections of the Deans’ driveway near the trees be removed and replaced properly without damaging major tree roots and that the Ellsworths contribute 40 per cent of these costs. Private nuisance laws are another strategy, though trees are generally not considered a nuisance. 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