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Old 22-11-2008, 06:03 AM posted to aus.gardens,aus.legal
[email protected] quick@value.com is offline
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First recorded activity by GardenBanter: Nov 2008
Posts: 5
Default 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.