Oh Sappy's just talking like that coz he's the victim of such a case.
Sap, everyone one has the right to enjoy their property to the boundaries without threat or risk ... whether that be trees or a stinking smoking wood boiler it doesn't matter.
And in the case above the tree owner is neglegent beside down right inconsiderate. That's the entrance to their house.
Remember that case in Hawaii where a large Norfolk Pine on the footpath fell onto a house putting a 12 year old girl into hospital for many moths in a coma? Well the council contractors who worked those trees were negligent as they ignored the blatant VTA signs of DANGER. They did nothing about the tree, didn't report the tree. Now a families life is changed forever when something could have been done.