When a tree falls in a storm, the owner of the tree is not automatically liable for the damage it causes. That's why it’s important to commit to maintaining a tree throughout its lifespan, which begins with planting it properly. All Rights Reserved. For example the Court did not consider stains on clothing caused by the crushing of jacaranda flowers when the washing was folded, to be damage caused directly by a tree (, The tree must be a cause but does not have to be the sole cause of the damage (. What they share in common is that as Acts of Parliament (and Regulations) they are promulgated by state and territory parliaments. Mr Leischke and his insurer AAMI denied any liability for the damage. In rural areas, clearing vegetation on your land may require other approvals, licences or permits. Applying the Tenacity Principles, the Court assessed the views and the severity of the obstruction. There are many choices of plant material, depending on the level of privacy you desire and the look you want year-round, from evergreens like cedar, yew and boxwood to perennial grasses and flowering shrubs – the possibilities are endless. However it would not include land further away. All other trademarks are the property of their respective owners. The neighbours argued it was necessary for privacy to their backyard and swimming pool. It provides telephone assistance and financial counselling as well as legal advice and representation. ACT: The unique rules about fences in the Capital Planting near utility posts also has its rules. NSW Local Land Services are responsible for co-ordinating Regional Weed and Pest Animal Committees that develop Regional Strategic Weed Management Plans and Regional Strategic Pest Animal Plans. In the case of one neighbour, the obstruction to sunlight was not considered severe but the obstruction to the views was. All the owners are responsible for caring for the tree, and one co-owner may not remove a healthy tree without the other owners' permission. You will each be responsible for whatever portion of the tree is on your property. Hunters Hill Council v Liu [2018] NSWLEC 108. Trees are either grown at Council's nursery or sourced from quality nurseries with tree-planting sites thoroughly prepared. Do you knowwhat the rules and by-laws are for planting trees on your property? If appropriate in the circumstances, the Court has the power to waive or to change the notice requirements (section 14C). If appropriate, the Court may direct that the notice be given in a certain way or to a certain person, that the notice requirement be waived or that the notice period be changed (section 8). The first thing you will need to do is check whether the tree is protected or subject to an environmental overlay. Unlike other cases involving Bunya pines, where the risk of injury was not considered likely, the Court here ordered that each year the neighbours, Mr and Mrs Vella, must pay for a thorough inspection of the tree by an arborist and the removal of cones before they reach a dangerous size. Special areas. If your land is Torrens title, the exact boundaries of your property will be shown on the deposited plan (DP) held by NSW Land Registry Services. And a shrub or hedge not exceeding 2 m (6 ½ feet) in height must be planted at least 50 cm (20 inches) from the property line. Instead, politely ask your neighbour to trim the tree. In Ghazal v Vella large cones dropping from a neighbour’s Bunya pine were creating problems for the Ghazal household in Blacktown. Five million trees for a greener Sydney by 2030. Impact on the views from living areas is more significant than from bedrooms or service areas. In addition, it can result in the local council carrying out the work required in the order and recovering the costs together with an administrative fee. Some of these entities have lists of trees that are recommended for planting … Consider from which part of the property the views are obtained. However she did not lodge the application and went ahead with cutting the trees. In most areas of NSW, before you prune or remove a tree you must apply for permission from your local council. Under Part 2 of the Trees Act, a landowner or occupier can apply to the Court for an order to remedy, restrain or prevent damage to property or injury to any person that is caused or is likely to be caused by a tree on adjoining land (section 7). Another Tree Dispute Principle concerns the normal mess of leaf litter and debris associated with trees. He found out from his local council that a permit would be needed for the pruning work and Tom’s consent to the work would also be needed. But if the tree was planted on the boundary, you are probably a co-owner. Her neighbours on both sides have extensive hedges of vigorous Leyland Cypress trees and although they were only 2 to 3 metres high when she first moved in, in time, these trees grew to a height of 16 metres obstructing both her sunlight and views. Trees that mature to a height of 20 feet (6 m.) or less should be planted at least 10 feet (3 m.) away from telephone or utility posts. You must maintain your trees so as to not disturb your neighbours. Bob was fed up with the overhanging branches of his neighbour’s tree. The Court has also referred to minimum sunlight requirements contained in planning policies. If you are a landowner wishing to clear native vegetation using management burning you may need a permit under the Rural Fires Act 1997 (NSW). 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