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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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We live on a small suburban block. The neighbour at the back

Customer Question

We live on a small suburban block. The neighbour at the back has gum trees both of which are over 100feet high the gum trees in question are the original trees on farming land these trees now overhanging the backyard and houses of both myself and another neighbour. These trees have caused plumbing problems, In the past few weeks parts of branches have falling into our backyards only hours after a 3 year child had been there . Safety always the threat of branches falling down, many anxious moments are spent anxiously watching as huge branches swing threateningly over our yards, if one of these trees falls down it could land on one third of the house. We have a constant nuisance caused by branches, twigs, and droppings of bark, leaves, gum nuts, flowers, sap, constant sweeping of rubbish, house gutterings, filling with tree rubbish and gum nuts and the diminishing ability of both my neighbour and myself to clean the gutterings as we are both retired pensioners. We have spoke to and given letters tour neigh at the back on our concerns especially the safety, issue with all the grand children. His response has been on all occasions so what I am insured. Over the years he has had several large branches cut when they over his house. Is there anything that can be done as I am getting to my wits end .
regards
John Mc Bride
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

Have you had an arborist look at the tree and advise if it is dangerous and also have you had a plumber confirm that the roots of the tree are the issues?

What you are describing is nuisance and he is liable for the mess that comes from his tree.

You have a right to cut back the branches that overhang on your land provided you do not kill the tree.

But being such an old tree you should first seek council permission because they may be protected.

Here is some information that covers trees and all other issues between neighbours.

http://www.disputes.vic.gov.au/know-your-rights-0

http://www.everyday-law.org.au/trees?gclid=CNu705T7tMsCFYKWvAodVm8IzA

You have rights and he cannot simply refuse to do nothing and you have to accept his refusal.

The above 2 links will assist you to understand your rights.

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