wrote in message
...
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.



Then do so; but try and get one who has had *specific*
experience with trees and neighbours and there are court
records detailing the experience of others.
http://www.rurallaw.org.au/handbook/xml/
http://www.access.prov.vic.gov.au/pu...OVguide016.jsp
http://www.austlii.edu.au/cgi-bin/si...and%20easement
http://www.austlii.edu.au/forms/search1.html?&

Not all lawyers are created equal, and be sure you don't get
stuck with a legal university student.
Get a quote from the lawyer (NOT an "estimate"),
or,preferably, do the no-win-no-fee thing.

I have survived to tell thee.