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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44660
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a tree that a branch is overhanging into the

Customer Question

I have a tree that a branch is overhanging into the neighbors yard and she is wanting us to remove it . I have advised her that she is allowed to cut the branch back to the fence line without our permission. She doesnt want to do this she wants for us to paid for the removal. I have also provided quotes to get this done and even offered to pay for half however she is still not happy with this either. the branch is overhanging the back fence no where near the main house at all.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NSW
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Australia Law
Customer: replied 11 months ago.
I fell I should not have to pay for it all as its not hurting anyone and we get tree lopper out to make sure the trees are not causing any damage to anyone already
Expert:  Leon replied 11 months ago.

Good Morning.

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 I am very limited on what I can tell you and that you may have to get more detailed advice.

She has the right to cut i down but she can ask you to remove it. If it falls on its own you are liable for the damage that it causes. She can also seek you pay the costs of removing it.

If she decides to take you to court, the court can and possibly will order you to cut the branch down. It may also require that council approval be granted to prune it as many councils have tree preservation orders.

Any damage that it causes to anything will be your responsibility.

I am sorry I cannot give you anything more positive. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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