compelling neighbour to remove dangerous tree

 Has anybody had any experience of compelling a neighbour to remove a
dangerous tree?

The tree is a massive euclaypt in the backyard of my neighbour's
terrace house. Most of the tree overhangs my back yard.

On two previous occasions branches have fallen into my yard - one
damaging the corner of  the back verandah.

In today's wind a small branch fell on a friend's head. She had to go
to casualty, but is bruised only.

The neighbour has been, and still is, uncooperative.

Incredibly, Council says I can remove branches that overhang and are
less than 10 cm in diameter, but that's it.

Brilliant!

I can remove those that might hurt but not those that would maim or
kill.

Surely there must be a procedure for getting a court order for the
removal of a manifestly dangerous tree - regardless of the wishes of
my neighbour and Council? Relations with that neighbour (and only that
neighbour) are already hopeless, so there is no point in discussing
the matter yet again.

Has anybody had this experience of dealing with a hopeless neighbour
and council?

I live in NSW.

 quick@value.com wrote:

http://www.austlii.edu.au/au/legis/nsw/consol_act/tbna2006363/index.html

Unfortunately, I doubt that you'll be able to force the removal of
branches merely because they overhang your property. You'd be able to
force the removal of dead branches (but you could do that yourself, even
if they're over 10cm in diameter). The mere fact that a branch might
fall off and injure someone in future (and even though one has already
caused injury) would not be sufficient grounds, unless you can show that
the tree is diseased.

Given the number of things the court has to be satisfied about, it would
be a job for a solicitor.

Sylvia.

 

**  You are in luck  -  pal.

Recently, a new law came into force in NSW called the " Trees ( Disputes
Between Neighbours ) Act 2006. "

http://www.austlii.edu.au/au/legis/nsw/consol_act/tbna2006363/

Cases are heard by the Land and Environment Court.

Failure to comply with an order made by the same Court can incur a $100,000
fine.

Only problem is,  YOU  gotta convince the Court that tree is menace.

Lotsa luck.



.....   Phil

 
"Phil Allison"


**  Just a quick thought   -

if you can convince the LEC that THAT eucalypt is *INFESTED* with drop bears

game 100% over   -  pal.




...   Phil

 On Sat, 22 Nov 2008 17:54:35 +1100, "Phil Allison"


Thanks Phil. Sounds a useful act. Friend sent to major hospital for a
CatScan, but probably nothing more than a depressed fracture to the
outer part of the skull - brain not touched.

The tree has a history of being a danger to life and limb.

Off to a solicitor on Monday to explore what evidence needs to be
collected.