TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring tree — whether the tree has caused damage — whether the tree is likely to cause damage — mould and property maintenance — orders for tree pruning
Quick Take
1Where a tree's branches and foliage are in close proximity to a neighbouring roof and gutter and the tree is growing vigorously, the tree is likely to cause damage in the near future for the purposes of s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006 (NSW), even absent evidence of past damage.
2The tree dispute principle in Barker v Kyriakides [2007] NSWLEC 292, requiring urban residents to undertake ordinary property maintenance to enjoy the benefits of urban trees, extends to mould caused by tree shade on surfaces such as paving, paths and dwelling exteriors, following Hendry v Olsson [2010] NSWLEC 1302.
3Mere proximity of tree roots to underground services, without further evidence that damage is likely in the near future, is insufficient to satisfy the jurisdictional threshold under s 10(2)(a).
