TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring trees — whether the trees have caused damage — bamboo — application granted in part — orders for compensation and bamboo removal
Quick Take
1Under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006 (NSW), an applicant's failure to notify the tree owner of damage (here, sewer pipe blockage) for an extended period may disentitle the applicant to compensation for that damage, having regard to the considerations of fault and knowledge discussed in Robson v Leischke [2008] NSWLEC 152 and the matters at s 12(h).
2Diminished use and enjoyment of land caused by bamboo rhizomes and culms does not constitute 'damage to property' under s 10(2) of the Trees Act; following Robson v Leischke, annoyance or discomfort (nuisance of the third kind) falls outside the Act's more limited jurisdiction.
3Where bamboo eradication requires concurrent treatment on both the tree owner's and the applicant's properties, the Court may structure orders requiring coordinated works by the same contractor across both properties to ensure effective remediation.
