Flat Chat Strata Forum Neighbour noise Current Page

  • This topic has 2 replies, 3 voices, and was last updated 10 years ago by .
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  • #9266

    Hello

    This post is not about neighbour noise but it was the closest topic I could find to match my issue.

    About 1 year ago I was contacted by my neighbour asking me to cut down an 8m tall tree in my garden because the tree was hanging into his property and he was afraid that it could cause damage to his windows during windy days.

    I explained to the neighbour that cutting down a tree of that size required council permission.

    After discussion I realised that council law does allow minor pruning in emergencies so I gave the neighbour permission to prune the tree by “less than 1m to below his windows” as he subsequently requested.

    A year later my tenants woke up on a Saturday morning to find the tree absolutely destroyed. Cut in half.

    I contacted the neighbour to try to resolve the issue. His response was that the tree would grow back and I should worry about things other than a tree.

    I have also contacted my local council who inspected the property and have now advised that there is nothing they can do as I gave the neighbour permission (clearly not the whole story).

    I am absolutely shocked at council’s response. I find it unbelievable that someone can enter my property, destroy my garden and face no consequences.

    I have contacted my local police station to find out if there is any action I can take via that route.

    I have also considered taking it to the Land and Environment court but this will be expensive (probably more expensive than it is worth).

    Any other suggestions what further action I can take?

    Thanks in advance.

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  • #20452
    Whale
    Flatchatter

      Are you referring to a strata titled property or to a free-standing (torrens title) home.

      #22455

      Really hope that I’m not pulling this story out of storage but I really hope that you managed to get this guy back for doing that to your tree. It seems like extremely reckless and inconsiderate behaviour to say the least about what he did! What if the tree had sentimental value or otherwise?! And it’s worse that nobody else managed to give you a go-ahead to stick it to him and get some form of redress for his actions! Hope to hear some good news about this.

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    Flat Chat Strata Forum Neighbour noise Current Page