Trees and plants
Extract for those unable to follow.
Overhanging branches and roots constitute a legal nuisance. The owner of the land on which the plant grows is liable for damage caused. Tenants are not usually liable unless they have planted the plant.
A neighbour affected can raise the matter with the neighbour directly
seek assistance for mediation from the Dispute Resolution Centres
abate the nuisance by cutting off overhanging branches and digging up roots on their property as long as they take care not to cause unnecessary damage to the plant. The overhanging branches and fruit belong to the owner of the tree, they may be returned to the owner or, with the owner's permission, disposed of. Unless the neighbour agrees to pay the cost of removal beforehand, it is necessary to take court action to recover any cost and legal advice should be obtained
commence court proceedings for damages or an injunction, and legal advice should be obtained.
A tree owner may also be liable under the ordinary principles of negligence.
FruitBelongs to the owner of the tree or plant on which it grows.
Fence line trees are the cause of many disputes, and even council gets caught up in the red tape of many laws. The above over rides local law as is a state law, however if the tree is protected then it's another kettle of fish but the responsibility is still on the trunk owner.
Also, there's this. Source:
Department of Justice and the Attorney General : Trees Quote:
Overhanging branches
You can lop off overhanging branches of a neighbour’s tree if the branches are causing a nuisance. You should not trespass on the neighbour’s land to do this. However, any branches you lop off belong to them and they cannot refuse to take the branches back if you are unable or unwilling to dispose of them.
Generally, your neighbour is not obliged to share the cost of hiring someone to remove the branches if they are too big or too high for you to cut down.
Fruit trees
Technically, all the fruit on the tree belongs to the owners of the tree. They may be happy to let you keep the fruit from branches on your side of the fence. The best thing to do is to talk to them.
Other problems
The roots of a tree can be a nuisance, particularly when they damage an adjoining property. The injured party has every right to sue.
If your tree falls and strikes somebody, either on the road or on a neighbouring property, you may be liable for negligence.
Trees should not be a traffic hazard. Where they are likely to be a problem to road users, the local council can order them to be removed, lowered or trimmed.
Consult your solicitor if you require specific advice on problems created by trees.
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