TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring trees — whether the trees have caused damage — whether the trees are likely to cause damage or injury — insufficient evidence to demonstrate causal nexus — application refused
Quick Take
1Under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006 (NSW), an applicant must demonstrate a causal nexus between the subject trees and the alleged property damage on the balance of probabilities; the mere proximity of trees to damage, or reliance on general guidance documents such as AS 2870-2011, is insufficient to establish causation.
2Where multiple potential causes of structural damage exist — including watering systems, leaking gutters, raised soil levels, and building modifications — the applicant's failure to investigate and eliminate those alternative causes through appropriate site-specific investigations (as outlined in Fang v Li [2017] NSWLEC 1503) will be fatal to establishing the required causal nexus.
3Trenching that reveals tree roots in locations not proximate to the alleged structural damage does not establish that the trees concerned have caused or are causing that damage.
