Hi everyone. If the trees on a neighbours property is causing damage to a fence and the roots have come into your property and are a safety hazard (trip hazard) and the roots have gone under the driveway and will end up cracking the drive way, what can you do to force the owner to remove the trees?
A new fence has to go in and one tree is already pressing on the existing fence post. The other 4 trees will eventually press on the fence and damage it as well. The owner doesn't want to remove them because of the cost factor. However, the longer they stay the more damage that will occur. We understand that cost is an issue but they really need to go. We could cut them down but the owner should poison them and remove the debri. Stump grinding seems like an unecessary expense as shrubs could be grown to cover the stumps.
Previous owners have tried for years to get these trees removed as well. It is a tree that is considered a weed in QLD but unfortunately not in NSW. We contacted the local council and they said it was not their area of responsibility. Has anyone else had this type of problem and how do you get it resolved satisfactorily?
How much do you like your neighbours? If there is no great loss, then go legal. I did over several trees which had affected a driveway & fencing. Body Corp ducked & weaved as much as they could but the lawyers came through in the end.
How long did the process take and what did you need to do to present a good case? The thought of going through the court is not one we would like to do for financial reasons but this neighbour has a reputation for be a tight wad and the problems will get worse with the trees.
We can't understand why they are evading the proper solution when the solution will just become more expensive over time. There is a real risk that foundations will be compromised too.
Process took over a year. It eventually went to mediation with the trees being removed. Too long ago to recall all the details, however the onus is on you (the proponent) to prove damage is being caused and it cannot be pointed back to something that you have done.
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