When Tree Root Damage Becomes a Legal Dispute in Victoria
Trees and tree root damage and when a tree manifests as a legal problem.
Most people see trees and tree root damage as an area for arborist expertise. This can be required.
Often, it is a structural or geotechnical engineering and property law issue too. That is because trees can impact changes in soil moisture and structural damage.
In Victoria, tree roots that cross a boundary and cause damage to neighbouring land can give rise to a claim in nuisance.
But not every tree issue creates legal liability. The interference must be substantial and unreasonable.
Minor inconveniences like falling leaves or the mere presence of roots will rarely be enough. Actual damage is usually where disputes begin.
We regularly see claims involving foundation issues, lifted driveways, damaged retaining walls, blocked drains and movement caused by changes in soil moisture.
In many cases, the legal dispute is not really about the tree. It is about causation, engineering evidence and the extent of the damage.
Tree disputes may also have a connection with adverse possession. Many neighbour disputes start with a fence line issue, a row of trees or landscaping that has occupied a particular position for many years.
What begins as a nuisance claim about roots or encroachment can sometimes uncover a larger issue as to who actually owns and possesses the land and where the true boundary lies. A reestablishment survey can address this issue.
Trees just do not respect title boundaries, roots search for water and many neighbour, builder, engineer and council and water corporation cases relate to tree issues.
Before removing a tree, commencing litigation or responding to a neighbour’s demand, it is worth understanding whether the interference is substantial enough to support a nuisance claim and whether a boundary or possession issue may also be hiding beneath the surface.
Heave and subsidence cases also can relate to tree issues.
In property damage law, the roots are not always the real problem but to understand causation and the solution you need a lawyer who understands fence disputes and tree disputes can become serious litigation. So it is even more important to deal with an expert property damage lawyer who knows how to get the best results efficiently.
If you have a boundary, tree or building dispute talk to the property damage specialists at Brockhill & Usherwood Lawyers.
Give us a call on one 1300 456 546 or contact our practice manager at clerk@bulawyers.com.au to arrange an initial consultation.
At $385 inclusive of GST our initial consultation is an amazingly effective way to speak to our principal lawyer or one of our senior associates to get urgent advice usually within 48 hours of contacting our office.
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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