Help with boundary tree situation!

hugatree

Hi- thanks for the great welcome. Sorry if I stuff this- not so good with computers.

Have some questions regarding a gum tree that is growing on the boundary line between our property and our not so tree friendly neighbours. We received a letter from their solicitor last week stating that they will take us to court to get permission for a tree lopper to access our property and remove the tree. As with most neighbourhood disputes it has nothing to do with the tree or the fence but a personal issue between us. She knows how much I love the tree and that is why she has chosen it as a means to get at me.

My question is whether or not she has the right to remove the tree that is not wholly and soley on her property- perhaps only 30% on her side of the boundary, and if it possible to prove ownership of a tree that was present on both sides of the boundary on purchase of the property. I agree that the tree was not the smartest choice for a suburban backyard as it is quite big but dont see why the tree has to suffer for the mistake of a person years ago.

Would also love to hear some suggestions regarding how to fence around the tree without taking up too much of ours or our neighbours yard. At the moment we have a large colourbond panel box around the tree on our side but as the tree leans into our yard it takes up quite a large proportion of the garden.Plus with the large percentage of the tree on out property we would prefer to look at it than a horrible sheet of steel. We have suggested she put a much smaller box on her side as it would take up much less space but unfortunately she will not accept any solution except leaving things as they are or removing the tree.
They have also screwed a staghorn mounted on timber and a brace to hold a bird nesting box- do these interfere with the health of the tree in a significant way?

Sean Freeman

I think you may well be lucky in that you are in NSW and disputes relating to trees and neighbours can find their way into the Land and Environment Court under the Trees (disputes between neighbours) Act 2006.

Please read the attached pdf and visit the website
Tree Dispute Information - Land & Environment Court : Lawlink NSW

Read through some of the listed rulings to inform yourself of how judgements have been made in the past, it will also inform you of how the legal precedent is being set.

Attached Files

trees.pdf (60.4 KB, 49 views)

Eric Frei

It's a co-owned tree, needs both parties to agree.

Like Sean said, lucky you are in NSW, lordy if that was here in Brisbane it would be on, the tree would have been poisoned long ago and the lawyers letter would have said you pay half for the removal of a hazard.

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hugatree

Thanks so much for your feedback. Feel confident that if it gets to court we would keep the tree but as you mention people do horrible things like poisoning trees. She keeps blabbing on about how much money she has so we expect it to drag out and cost us a fortune. Wish she would spend that money moving somewhere else!!! Thanks again!!!

Eric Frei

It wont drag out and it wont cost a bomb because it's a special court for tree stuff, like small debts court for debtors.

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