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Neighbours - What can I do about overhanging branches? |
Cutting back the branches and roots of your neighbour's tree that protrude on to your property would most usually require the consent of your local council under its Tree Preservation Order. |
Orders generally cover trees above three metres in height and may include large bushes. It would be wise to check with your council before proceeding with any cutting back. Remember, if there is such an Order and you breach it, you could be prosecuted and fined. Having cut branches or roots, strictly speaking they should be returned to their owner, your neighbour. |
If a neighbour's tree causes damage on your property, for instance by its roots lifting a driveway or a dead branch falling and knocking tiles of your roof, you may be able to sue for compensation. |
We can advise you of your rights in a dispute with neighbours. Once the legal questions are answered, you and your neighbour may be able to see your problem in a different light. |
Paul Clark |
paul.clark@cmlawyers.com.au |
