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Old 01-12-2008, 06:41 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

On Mon, 1 Dec 2008 16:17:08 +1100, "Peter Jason"
wrote:

snipped

I would suggest you offer to pay 1/2 the tree removal costs,
and failing results there, offer to pay all the costs.
It's all very sad, but there's no other way. Note too that
will build credit with the neighbour, and keep money out of
lawyer's pockets.


It's not all very sad. There is another way - the 2006 Act.

If the Land and Environment court finds in our favour then failure to
remove the tree incurs a fine of up to $100,000 (or thereabouts - I
don't have the act in front of me).

No point in trying to build credit with the neighbour from Hell.

BTW, in case you think I might also be the neighbour from Hell then
let me say that I consider all my other neighbours to be from Heaven.

It is because of my hellish neighbour's recalcitrance over the years
that my friend could have been killed, but mercifully was only
hospitalised with a 'boggy patch' on top of the skull - that's what
casualty called it, before sending her off by ambulance for a CAT
scan.

Because the tree is massive, dangerous and hemmed in by houses and
yards, the cost for removal is going to run into thousands. I would
rather pay lawyers than practice self help.