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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 4842
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Tree dispute with difficult neighbours JA: The Lawyer will

Customer Question

tree dispute with difficult neighbours
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: the neighbours have hedges on our house boundary as we have a split bock with no easement. the hedges have now been left to grow up above the height of our second storey window ledges. they cannot be reasoned with - this is long story. do we have legal right to trim the top of the trees from the windows ? my son will be with out any light and the trees was the hedges are up against the window
JA: OK. The Lawyer will need to help you with this. Is there anything else important you think the Lawyer should know?
Customer: NSW has great websites that set out legal rights in that state but victorian law is very sketchy with any of this detail.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Australia Law
Customer: replied 5 months ago.
hedes on our boundary wall to a split block in victoria. hedges higher than 2.5m right in front of windows to house blocking all light to the room if left to grow
Expert:  Daniel replied 5 months ago.
HelloYou are obliged to remove branches that are on your side of the fence. Sadly, if you do remove branches on their side, you are open to be charged criminally for damage to property. Please click accept and rate my service. I am able to answer further questions after doing so at no further cost.
Customer: replied 5 months ago.
according to NSW law hedges of this height can be deemed as obstructing and they can be ordered to trim them. This is obviously $$ for both parties. can they be presented with the victorian legislation to show this? do you have access to that or am i just talking to someone who sprouts the same info i can get from the disputes centre online in the neighbours handbook of victoria
Expert:  Daniel replied 5 months ago.
No, I am a solicitor. In respect of the matter, again, it flows on from the use and enjoyment of the land, that and the tree is owned by someone else, not you. Thus, you can be charged, even under NSW law, notwithstanding the legislation.

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