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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5421
Experience:  Dip Law LPAB - Sydney based lawyer
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We have the benefit of an easement authorising a drain within

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We have the benefit of an easement authorising a drain within four feet of a neighbour's property.
The neighbour planted a tree over/adjacent to a drainage pipe within the easement. The tree roots are blocking water flow.
How should I go about getting appropriate legal advice, or can you provide?
Thanking you in anticipation.

Hello and thank you for your question.

If you neighbour's tree is damaging the pipes on either your own property or which pass through an easement on their property then legally you are entitled to have them pay for any reinstatement costs, and may be able to obtain orders requiring the neighbour to take steps to prevent further damage of this type occurring again.

Generally proof of this would need to be obtained by a report identifying the presence of tree roots penetrating the pipes and the source of the roots.

If you cannot negotiate a satisfactory outcome with your neighbour you can take action against them in the local court, but you would realistically need to engage a lawyer to assist you with this.

I note that you have not rated my answer.

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Thanks in advance,

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