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[MarianneM]

Has anyone had experience in having an adjoining block take some action on addressing trees which are blocking sunlight?

Our block was built about 15 years ago. Five years ago a new block of apartments was built next door with bedroom windows facing our balconies. They planted a large number of lilly-pilly trees to provide a screen. Unfortunately, they are now completely blocking all winter sunlight for the whole day with consequent mould, health and structural problems. We have been trying for 3 years to get them pruned. The sad fact is that now the trees are not even providing privacy as all the leaf growth is in the top and the middle has become straggly and sparse. They have taken no action at all and our Strata Manager is taking them to the Land and Environment Court. But this process is taking over a year. I read that individuals can now go to the Land and Environment Court themselves, so I don’t know why it is taking our Strata Manager and Lawyers so long to address this.

Does anyone have a similar experience? Thank you

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[Paul2000]

I was wondering if this matter has been resolved but as there were no responses it is doubtful if MarianneM still monitors the site.

Here is a slightly different situation. In a small block with adjoining courtyards one owner has let a tree (technically a shrub) get out of control and it is now about 4 metres tall and blocks sunlight into our courtyard. The non resident owner refuses to reply to correspondence and is totally non communicative.

 

Any thoughts anyone?

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[Austman]

@Paul2000 said:
I was wondering if this matter has been resolved but as there were no responses it is doubtful if MarianneM still monitors the site.

Here is a slightly different situation. In a small block with adjoining courtyards one owner has let a tree (technically a shrub) get out of control and it is now about 4 metres tall and blocks sunlight into our courtyard. The non resident owner refuses to reply to correspondence and is totally non communicative.

 

Any thoughts anyone?

You might need to get some legal advice.

But in Victoria (and probably similar in other states) the Owners Corporation Act refers to the Subdivisions Act.

The Subdivisions Act gives lot owners implied easements for many services including light and ventilation.

Here is an extract from the Subdivisions Act:

“Subject to subsection (3), there are implied—

for the benefit of each lot and any common property—

all easements and rights necessary to provide— 

full, free and uninterrupted access to and use of light for windows, doors or other openings;”

So if you feel you are being denied your right to light, you might have a case against the owner of the other lot. 

I’d be contacting the owner (not the resident) about the situation.

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