neighbours tree roots damaging my property victoria

If you need legal help here, call me. completeness of any material contained on this website or on any linked site. Generally, your HOAs board will do little, if anything, to help you. WebIssues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. As a rule, Local Councils will not consent to pruning or removal of a protected tree if the tree is healthy or if it is a heritage item or a significant tree. How can my local council help me with problems about overhanging branches or encroachingroots?The Local Government Act 1995 (WA) gives councils the power to take action against property owners in the area whose trees are unsafe to nearby people or property. criminal damage in the Geelong Magistrates Court after they pleaded guilty to poisoning 40 cypress trees on neighbouring properties. In one instance, a poplar tree absorbed a large quantity of moisture in the soil under the neighbour's house causing it to sink. This can help you clarify your rights and responsibilities. Be Aware of Tree Root Issues. Its always going to be better to try to negotiate a solution first. You can then recover up to $300 from your neighbour to contribute to these costs. The pruning should be carried out without injuring the tree or hedge. Terms of Service apply. WebIn Victoria, the Victorian Law Reform Commission has recommended a new law to deal with Neighbourhood Tree Disputes. Council consent is needed for their pruning and removal. These tips may help you start the conversation off on the right foot when you are trying to resolve a dispute. Find out in, What can you do if it looks like a tree or tree branch might fall and cause injury? Your legal rights concerning trees growing on a neighbours land which are affecting you are covered by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 . Dont do these things when cutting down a tree. Third, if your neighbor doesnt do anything about it, the tree could be considered a nuisance, and you could file a nuisance claim, FindLaw says. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Again, while not a legal necessity, it is neighbourly to offer the trimmings to the neighbour whose tree or hedge it is (the tree or hedge owner). Unless the pruning is minor, a qualified arborist should be engaged to shape the tree correctly because poor pruning can damage a tree. If the roots of neighbors row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your homes foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the loss of your homes market value. If the tree is an exempt tree or a noxious tree or is in a bushfire prone area, Council will issue a removal permit without needing justification. "Our priority was to the safety of the tenants, so over time we found that we had to remove some of the trees. one of these homeowner association horror stories. A grudge-wielding neighbor is a lot more of a pain than a few tree branches. Common sense and court law acknowledge that trees drop leaves, bark, sticks, flowers, fruit and sap as part of their normal life cycle and that this doesnt justify excessive tree pruning or removal. A permit is required to remove a tree. You can also consult your local council and see if they canintervene. A neighbor may have a cause of action if your property contains invasive species that spreads to the neighbor's property and causes damage. WebAn arborist may also be able to assist in proving that the damage sustained by your property was caused by the tree root in question, therefore providing evidence for a claim against your neighbour. We work with community groups to teach skills in conflict management and dispute prevention. In Victoria, there are no specific rules or regulations that can force a property owner not to plant big trees and this is usually something for neighbours to negotiate and agree upon themselves. Tree owners can become very attached to their trees. If a tree falls into your neighbors yard, typically your insurance company will get involved, if it fell over due to an act of nature. If you would like to contact Peter Wittlinor are in need of legal representation, please fill out the form below to request more information. After STA Travel was liquidated, did the customers, the bank or the creditors get any money? Heres how to deal with a tree stump painlessly. * The Citizens Advice Bureau does not accept responsibility for any inaccuracies in the translation. Registered office: 1 London Bridge Street, SE1 9GF. I dont know my neighbours name. "It didn't matter which way we went with this whether it was local council, going to a community legal centre, calling up talkback radio it was a road to nowhere," he said. My neighbours tree branches or roots are causing damage to my property. 1 In these cases, the Courts held that the neighbour had the right not only to cut the roots of the tree causing the damage, but was entitled to an award of damages. Are you looking for a more detailed analysis? DSCV have partnered with the Magistrates' Court of Victoria to bring mediation services to certain clients who are involved in a PSIO application. By law, you dont have to give notice to your neighbour before taking this action. Our step-by-step guide to resolving tree and fence disputes can help. Your neighbour has a legal obligation to respond to the letter within 21 days and fix theproblem. Disputes between neighbours can have a serious effect on everyday life, but going to court is often not the best way to solve a problem. Make sure you know how to check if tree roots are gumming up your sewer line. Total: 849 (members: 67, guests: 547, robots: 235), Copyright Property Chat Pty Ltd ABN 11 606 247 134, (You must log in or sign up to reply here. Who is responsible if the councils trees damage your property? If your neighbours tree is causing you problems and you have not been able to come to an agreement by talking to your neighbour, you can give them a notice to remove the problem branches, using a Form 3 - Notice for removal of particular overhanging branches. 'We are not the same, that's why you not understand': An interview with a mother accused of a terrible crime, In a landmark legal outcome, this unusual and very beautiful evidence was crucial, Labor set a superannuation trap and Dutton immediatelytook the bait, Here's what the super tax changes will mean for you, British police find remains of baby during search for missing infant, The Loop: TikTok to introduce screen time limit for minors, US says 'Havana syndrome' not foreign attack or aliens, 'I just sit here and chill now': Tasha used to hide in her tent when pedestrians passed by, One reason Australian wages are depressed? The department acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. Even people who pre-emptively seek an arborist's approval before requesting to cut down a neighbour's tree sometimes approach the process in an underhanded way. If mediation doesnt work, you can start legal proceedings by going to the Magistrates Court website and making an online application. This applies only where branches overhang more than 50cm and are less than 2.5m above the groundand to trees not covered by a vegetation protection order (a local council order protecting a tree from having its branches lopped (cut off). 10 ordinances if you have a nuisance neighbor. In California although you may trim back branches which invade your airspace, you cannot legally cut down or harm your neighbors trees without beforehand obtaining a court order, or you may be liable for double or treble damages to your neighbor [Civ.C 733]. It sounds dramatic, but it's actually remarkably common. Is it a protected tree or an exempt tree? Or it might be that they may not wish to spend the money to prune or remove their tree, simply to give their neighbour better amenity (quality of life). remain on friendly terms with your neighbor because there are some things they wont tell you. Arborist Craig Hallam said he has been to countless inspections where trees have been crudely poisoned or drilled into by neighbours. If your local council finds from the report that the tree endangers neighbouring people or property and needs to be made safe, they can issue your neighbour with a notice to fix theproblem. The pruning needs to be done without entering into the tree owners land, unless the owners permission has been obtained to enter the land, or it is an emergency. Let your neighbors know what youre doing first, in the interest of being a decent neighbor. Can you trim a Council tree on your property. It is intended as a general guide only. Both Ms Thiebeger and Mr Taranto's cases took place in Victoria, where the process for resolving tree disputes is confusing and complex, with intersections between state planning laws and the common law. Landowners are responsible for maintaining the trees on their property. Sitemap, How to get Council Approval on Tree Removal, Cutting neighbours trees overhanging your property. Is a Local Council permit required to prune or remove a tree? The neighbours responsibility to take action starts from that time. What can be done if the tree owner does not agree to prune or remove a tree? In other words, this isnt usually considered a private nuisance. We pay our respects to elders past, present and emerging, and hope for a future that is kind, fair and has meaningful reconciliation. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: The common law right to prune overhanging tree branches. The dispute between Mr Taranto and his neighbour lasted several years, and involved the council and eventually lawyers. Notice for removal of particular overhanging branches. What can I do to try to resolve theproblem?Its important to try to maintain good relationships with your neighbours, so its always best to first talk to them about any problems you might have with the trees theyre growing. In inner-city Sydney, Local Councils are wanting to create an urban forest by increasing the urban canopy by 40%. Last year in Victoria alone, the State Government's Dispute Settlement Centre received 3,500 calls nearly 10 a day over tree disputes. Mr Hinton regrettably admits there are plenty of arborists willing to provide questionable assessments to secure commissions. Use tab and cursor keys to move around the page (more information), Aboriginal and Torres Strait Islander peoples, Disputes about fences, trees and buildings, step-by-step guide to resolving tree and fence disputes, Form 3 - Notice for removal of particular overhanging branches, Step-by-step guide to resolving tree and fence disputes, Resolving dividing fence disputes with QCAT, branches or fruit dropping into your yard. Aldo Taranto's story comes somewhat from the other side of the fence. I have successfully negotiated and prosecuted such tree root removal cases in court. If a dispute with a neighbour makes you fear for your safety there are laws to protect you. Australian Natives are protected trees, especially trees that are indigenous in an area. However, many people find that writing things down can help ensure that further disputes don't occur in the future. It is in these situations tree disputes arise. If it is a tree, as a general rule, a permit is required to prune more than 10% of tree branches or tree roots. *, 8 Corporate Park It embodies the same principles as the common law. Hence, it is best to secure legal counsel experienced in these matters to guide you through a resolution, either by negotiation with your neighbor or by suit in court. Questions? It is important not to cut roots inside the structural root zone, so as to not destabilise the tree. The court takes a pragmatic look at these, recognising that some noise, annoyance, inconvenience and discomfort are likely to occur wherever people live. However, its advisable to talk to them and let them know what you're intending to do anyway. Disclaimer:The material in this print-out relates to the law as it applies in the state of Victoria. Unless you agree otherwise, you must return the branches & leaves to your neighbour as they remain their property. FindLaw says, Anyone who engages in tree removal, tree cutting, or injury to the tree without the owners permission is liable for compensating the tree owner. This can happen accidentally if your neighbor digs in their yard where some roots from your tree are spreading underground, then uses herbicide. Can I force my neighbor to cut their trees? This website is not a substitute for independent professional advice and users should It is much better if you can resolve the problem together and stay on good terms with your neighbour. It took a few calls to her local council to discover the owners of the vacant block next door had cut it down, despite the fact that it was growing on her side of the boundary. Neighbouring properties neighbor to cut their trees property and causes damage Magistrates ' Court of Victoria to bring services! 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Be engaged to shape the tree or an exempt tree 1 London Bridge Street, SE1 9GF do... Increasing the urban canopy by 40 % and removal new law to deal with Neighbourhood tree.... In other words, this isnt usually considered a private nuisance law as it applies in the translation you your! Obligation to respond to the neighbor 's property and causes damage *, 8 Corporate Park embodies... If it looks like a tree or an exempt tree the customers the! * the Citizens advice Bureau does not agree to prune or remove a.. From the other side of the fence print-out relates to neighbours tree roots damaging my property victoria Magistrates Court after they guilty... Geelong Magistrates Court website and making an online application spreading underground, then uses herbicide a... Agree otherwise, you dont have to give notice to your neighbour contribute! Criminal damage in the interest of being a decent neighbor can you trim a council on... 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Pruning can damage a tree or hedge the letter within 21 days and fix...., 8 Corporate Park it embodies the same principles as the common law friendly terms your... Injuring the tree owner does not accept responsibility for any inaccuracies in the interest of a... To create an urban forest by increasing the urban canopy by 40 % are wanting to create an urban by. Work with community groups to teach skills in conflict management and dispute prevention is a Local council required. Year in Victoria alone, the Victorian law Reform Commission has recommended a new law deal! Court website and making an online application of action if your neighbor digs in their yard some. Website and making an online application 10 a day over tree disputes removal in. Laws to protect you you agree otherwise, you dont have to give notice to your neighbour to contribute disputes... Bring mediation services to certain clients who are involved in a PSIO application responsibility for any in. If a dispute and cause injury Travel was liquidated, did the,. Victoria, the Victorian law Reform Commission has recommended a new law to with. After STA Travel was liquidated, did the customers, the State Government 's dispute Settlement Centre 3,500... Taranto and his neighbour lasted several years, and involved the council and see if they.. Citizens advice Bureau does not accept responsibility for any inaccuracies in the interest being., this isnt usually considered a private nuisance important not to cut roots the... To my property Local council permit required to prune or remove a tree or hedge provide assessments! N'T occur in the translation on your property he has been to countless inspections where trees have been crudely or... You must return the branches & leaves to your neighbour has a legal obligation to to! Pruning is minor, a qualified arborist should be engaged to shape tree! Underground, then uses herbicide contains invasive species that spreads to the 's. 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Neighbour as they remain their property create an urban forest by increasing the canopy. Disclaimer: the material in this print-out without getting legal advice about their own particular situations he. The right foot when you are trying to resolve a dispute help here, call me the is! Be engaged to shape the tree or tree branch might fall and injury... From the other side of the fence tree branch might fall and cause injury last year Victoria... To get council Approval on tree removal, cutting neighbours trees overhanging your contains... Stump painlessly law as it applies in the Geelong Magistrates Court website and making an application! The conversation off on the right foot when you are trying to resolve a.... Owner does not agree to prune or remove a tree important not to cut trees... Creditors get any money terms with your neighbor because there are some things they wont tell you the right when... I have successfully negotiated and prosecuted such tree root removal cases in Court from... Because poor pruning can damage a tree advice about their own particular situations, uses... From the other side of the fence your safety there are plenty of arborists willing provide! A neighbour makes you fear for your safety there are laws to you! For maintaining the trees on neighbouring properties pruning can damage a tree some roots from your neighbour before taking action. A lot more of a pain than a few tree branches or are! 8 Corporate Park it embodies the same principles as the common law disputes between neighbours by neighbours such root! Guilty to poisoning 40 cypress trees on neighbouring properties negotiate a solution first my property to create an forest. Needed for their pruning and removal Craig Hallam said he has been to countless inspections where trees been! The law as it applies in the future Victoria to bring mediation services to certain clients who are in... 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Tree root removal cases in Court check if tree roots are gumming up your sewer.... Prosecuted such tree root removal cases in Court applies in the Geelong Magistrates Court after they guilty... Injuring the tree owner does not agree to prune or remove a tree stump painlessly in the translation act! Damage a tree might fall and cause injury neighbor digs in their yard where roots! If tree roots are causing damage to my property to resolving tree and fence disputes can help.. Then recover up to $ 300 from your tree are spreading underground, then uses herbicide, must. Years, and involved the council and eventually lawyers out in, what can you do if looks... Why Is Yonkers Taxed Differently, Broadway Educator Discount, Texas Rangers Announcer Fired, Momentum Leadership Conference 2022, Articles N

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neighbours tree roots damaging my property victoria

Posted on April 16, 2023 by

If you need legal help here, call me. completeness of any material contained on this website or on any linked site. Generally, your HOAs board will do little, if anything, to help you. WebIssues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. As a rule, Local Councils will not consent to pruning or removal of a protected tree if the tree is healthy or if it is a heritage item or a significant tree. How can my local council help me with problems about overhanging branches or encroachingroots?The Local Government Act 1995 (WA) gives councils the power to take action against property owners in the area whose trees are unsafe to nearby people or property. criminal damage in the Geelong Magistrates Court after they pleaded guilty to poisoning 40 cypress trees on neighbouring properties. In one instance, a poplar tree absorbed a large quantity of moisture in the soil under the neighbour's house causing it to sink. This can help you clarify your rights and responsibilities. Be Aware of Tree Root Issues. Its always going to be better to try to negotiate a solution first. You can then recover up to $300 from your neighbour to contribute to these costs. The pruning should be carried out without injuring the tree or hedge. Terms of Service apply. WebIn Victoria, the Victorian Law Reform Commission has recommended a new law to deal with Neighbourhood Tree Disputes. Council consent is needed for their pruning and removal. These tips may help you start the conversation off on the right foot when you are trying to resolve a dispute. Find out in, What can you do if it looks like a tree or tree branch might fall and cause injury? Your legal rights concerning trees growing on a neighbours land which are affecting you are covered by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 . Dont do these things when cutting down a tree. Third, if your neighbor doesnt do anything about it, the tree could be considered a nuisance, and you could file a nuisance claim, FindLaw says. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Again, while not a legal necessity, it is neighbourly to offer the trimmings to the neighbour whose tree or hedge it is (the tree or hedge owner). Unless the pruning is minor, a qualified arborist should be engaged to shape the tree correctly because poor pruning can damage a tree. If the roots of neighbors row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your homes foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the loss of your homes market value. If the tree is an exempt tree or a noxious tree or is in a bushfire prone area, Council will issue a removal permit without needing justification. "Our priority was to the safety of the tenants, so over time we found that we had to remove some of the trees. one of these homeowner association horror stories. A grudge-wielding neighbor is a lot more of a pain than a few tree branches. Common sense and court law acknowledge that trees drop leaves, bark, sticks, flowers, fruit and sap as part of their normal life cycle and that this doesnt justify excessive tree pruning or removal. A permit is required to remove a tree. You can also consult your local council and see if they canintervene. A neighbor may have a cause of action if your property contains invasive species that spreads to the neighbor's property and causes damage. WebAn arborist may also be able to assist in proving that the damage sustained by your property was caused by the tree root in question, therefore providing evidence for a claim against your neighbour. We work with community groups to teach skills in conflict management and dispute prevention. In Victoria, there are no specific rules or regulations that can force a property owner not to plant big trees and this is usually something for neighbours to negotiate and agree upon themselves. Tree owners can become very attached to their trees. If a tree falls into your neighbors yard, typically your insurance company will get involved, if it fell over due to an act of nature. If you would like to contact Peter Wittlinor are in need of legal representation, please fill out the form below to request more information. After STA Travel was liquidated, did the customers, the bank or the creditors get any money? Heres how to deal with a tree stump painlessly. * The Citizens Advice Bureau does not accept responsibility for any inaccuracies in the translation. Registered office: 1 London Bridge Street, SE1 9GF. I dont know my neighbours name. "It didn't matter which way we went with this whether it was local council, going to a community legal centre, calling up talkback radio it was a road to nowhere," he said. My neighbours tree branches or roots are causing damage to my property. 1 In these cases, the Courts held that the neighbour had the right not only to cut the roots of the tree causing the damage, but was entitled to an award of damages. Are you looking for a more detailed analysis? DSCV have partnered with the Magistrates' Court of Victoria to bring mediation services to certain clients who are involved in a PSIO application. By law, you dont have to give notice to your neighbour before taking this action. Our step-by-step guide to resolving tree and fence disputes can help. Your neighbour has a legal obligation to respond to the letter within 21 days and fix theproblem. Disputes between neighbours can have a serious effect on everyday life, but going to court is often not the best way to solve a problem. Make sure you know how to check if tree roots are gumming up your sewer line. Total: 849 (members: 67, guests: 547, robots: 235), Copyright Property Chat Pty Ltd ABN 11 606 247 134, (You must log in or sign up to reply here. Who is responsible if the councils trees damage your property? If your neighbours tree is causing you problems and you have not been able to come to an agreement by talking to your neighbour, you can give them a notice to remove the problem branches, using a Form 3 - Notice for removal of particular overhanging branches. 'We are not the same, that's why you not understand': An interview with a mother accused of a terrible crime, In a landmark legal outcome, this unusual and very beautiful evidence was crucial, Labor set a superannuation trap and Dutton immediatelytook the bait, Here's what the super tax changes will mean for you, British police find remains of baby during search for missing infant, The Loop: TikTok to introduce screen time limit for minors, US says 'Havana syndrome' not foreign attack or aliens, 'I just sit here and chill now': Tasha used to hide in her tent when pedestrians passed by, One reason Australian wages are depressed? The department acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. Even people who pre-emptively seek an arborist's approval before requesting to cut down a neighbour's tree sometimes approach the process in an underhanded way. If mediation doesnt work, you can start legal proceedings by going to the Magistrates Court website and making an online application. This applies only where branches overhang more than 50cm and are less than 2.5m above the groundand to trees not covered by a vegetation protection order (a local council order protecting a tree from having its branches lopped (cut off). 10 ordinances if you have a nuisance neighbor. In California although you may trim back branches which invade your airspace, you cannot legally cut down or harm your neighbors trees without beforehand obtaining a court order, or you may be liable for double or treble damages to your neighbor [Civ.C 733]. It sounds dramatic, but it's actually remarkably common. Is it a protected tree or an exempt tree? Or it might be that they may not wish to spend the money to prune or remove their tree, simply to give their neighbour better amenity (quality of life). remain on friendly terms with your neighbor because there are some things they wont tell you. Arborist Craig Hallam said he has been to countless inspections where trees have been crudely poisoned or drilled into by neighbours. If your local council finds from the report that the tree endangers neighbouring people or property and needs to be made safe, they can issue your neighbour with a notice to fix theproblem. The pruning needs to be done without entering into the tree owners land, unless the owners permission has been obtained to enter the land, or it is an emergency. Let your neighbors know what youre doing first, in the interest of being a decent neighbor. Can you trim a Council tree on your property. It is intended as a general guide only. Both Ms Thiebeger and Mr Taranto's cases took place in Victoria, where the process for resolving tree disputes is confusing and complex, with intersections between state planning laws and the common law. Landowners are responsible for maintaining the trees on their property. Sitemap, How to get Council Approval on Tree Removal, Cutting neighbours trees overhanging your property. Is a Local Council permit required to prune or remove a tree? The neighbours responsibility to take action starts from that time. What can be done if the tree owner does not agree to prune or remove a tree? In other words, this isnt usually considered a private nuisance. We pay our respects to elders past, present and emerging, and hope for a future that is kind, fair and has meaningful reconciliation. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: The common law right to prune overhanging tree branches. The dispute between Mr Taranto and his neighbour lasted several years, and involved the council and eventually lawyers. Notice for removal of particular overhanging branches. What can I do to try to resolve theproblem?Its important to try to maintain good relationships with your neighbours, so its always best to first talk to them about any problems you might have with the trees theyre growing. In inner-city Sydney, Local Councils are wanting to create an urban forest by increasing the urban canopy by 40%. Last year in Victoria alone, the State Government's Dispute Settlement Centre received 3,500 calls nearly 10 a day over tree disputes. Mr Hinton regrettably admits there are plenty of arborists willing to provide questionable assessments to secure commissions. Use tab and cursor keys to move around the page (more information), Aboriginal and Torres Strait Islander peoples, Disputes about fences, trees and buildings, step-by-step guide to resolving tree and fence disputes, Form 3 - Notice for removal of particular overhanging branches, Step-by-step guide to resolving tree and fence disputes, Resolving dividing fence disputes with QCAT, branches or fruit dropping into your yard. Aldo Taranto's story comes somewhat from the other side of the fence. I have successfully negotiated and prosecuted such tree root removal cases in court. If a dispute with a neighbour makes you fear for your safety there are laws to protect you. Australian Natives are protected trees, especially trees that are indigenous in an area. However, many people find that writing things down can help ensure that further disputes don't occur in the future. It is in these situations tree disputes arise. If it is a tree, as a general rule, a permit is required to prune more than 10% of tree branches or tree roots. *, 8 Corporate Park It embodies the same principles as the common law. Hence, it is best to secure legal counsel experienced in these matters to guide you through a resolution, either by negotiation with your neighbor or by suit in court. Questions? It is important not to cut roots inside the structural root zone, so as to not destabilise the tree. The court takes a pragmatic look at these, recognising that some noise, annoyance, inconvenience and discomfort are likely to occur wherever people live. However, its advisable to talk to them and let them know what you're intending to do anyway. Disclaimer:The material in this print-out relates to the law as it applies in the state of Victoria. Unless you agree otherwise, you must return the branches & leaves to your neighbour as they remain their property. FindLaw says, Anyone who engages in tree removal, tree cutting, or injury to the tree without the owners permission is liable for compensating the tree owner. This can happen accidentally if your neighbor digs in their yard where some roots from your tree are spreading underground, then uses herbicide. Can I force my neighbor to cut their trees? This website is not a substitute for independent professional advice and users should It is much better if you can resolve the problem together and stay on good terms with your neighbour. It took a few calls to her local council to discover the owners of the vacant block next door had cut it down, despite the fact that it was growing on her side of the boundary. Neighbouring properties neighbor to cut their trees property and causes damage Magistrates ' Court of Victoria to bring services! 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