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Nuisance trees from neighbours. WA, to shire council,but…

Customer Question
Nuisance trees from neighbours. ...

Nuisance trees from neighbours.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

WA

Lawyer's Assistant: Has anything been filed or reported?

To shire council,but they can not do anything.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have spoken to the neighbour,bit did no good.

Submitted: 8 months ago.Category: Australia Law
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Answered in 19 minutes by:
11/21/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,336
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 8 months ago

You have the right to cut off branches overhanging your property.

Have you done this yet ?

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Customer reply replied 8 months ago
no branches involved,a lot of small needles and flowers blocking my gutters and down.
Solicitor: John Melis, Lawyer replied 8 months ago

Ok this is a problem too.

Have you sent a written notice to the neighbor yet ?

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Customer reply replied 8 months ago
no
Solicitor: John Melis, Lawyer replied 8 months ago

I think this is a good starting point.

Send a letter the neighbor explaining the issue that is occurring seeking the help to fix the same.

If they do not respond with 14 days, send a follow up letter.

If there is reply after that time, the next step is to issue a legal complaint which will reference the the relevant legislation.

Does this answer your important question as to what to do ?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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