Topic: Who’s Liable for Tree Root Damage

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02/04/2023 at 5:07 pm #68115 Reply | Quote
Copperhead
Flatchatter
Is the owner or the Owners Corporation responsible for damage caused by the roots of a fig tree growing in an owner’s lot? The tree is not a protected fig and can be removed – this has been confirmed by a Level 5 arborist. I have read an article written by LookUpStrata expressing the view that the owner would be liable for any damages to the building. Does anyone have knowledge or experience of court rulings regarding tree root damage to buildings?

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Copperhead
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12/04/2023 at 3:04 am #68213 Reply
kaindub
Flatchatter
There was a well documented case where a bamboo got into a neighbours yard and did damage. The court ruled thst the owner where the bamboo was growing was liable for the damage.

If it’s damage to the building, make an insurance claim through your strata insurance.

Unfortunately, because the owner is an interested party on the building insurance, the insurance company can’t recover the costs from them.

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Reply To: Who’s Liable for Tree Root Damage

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