› Flat Chat Strata Forum › Living in strata › How can I get neighbour’s tree cut back? › Current Page
If there was no strata involved, then I think it’s simple (and by extrapolation, it is still simple in your case).
The neighbour is not prevented from planting or growing whatever they like on their side of the fence, so you can’t force them to remove the tree, nor even to prune the tree (unless it could be “proven” to be dangerous due to disease/falling over and damaging/injuring).
However, the good news is that you are not prevented from pruning anything on (or above, or below, up to certain limits) your property. So, you could “draw” a vertical line at the fence, and prune along that line (both above and below if roots are an issue). If this was me, I’d be hopeful to kill the plant by doing this, without doing anything more than is permitted. I’m not sure that poisoning the plant would be allowed….
Since this is actually common property and not your personal property, then the OC owns it, and is responsible for the care/maintenance. Thus I would be requesting the OC to take the above steps as part of its normal “gardening” responsibility, ie, trim/prune the tree.
PS, I have no idea what the issue is with your sewer, if there are no tree roots impacting the sewer, then I don’t see how the tree has any relation to the blocked sewer, I assume you have a different independant issue with the sewer and are simply trying to attach those problems to this tree. Try to keep some perspective, focus on the issue at hand and it’s solution, difficult, but it will help you appear reasonable.