#12859

Hi Bpositive

The Trees (Disputes Between Neighbours) Act 2006 applies only to trees situated on any land within a zone designated “residential”, … under an environmental planning legislation. Therefore, it applies to trees on land occupied by strata schemes.

Having reviewed the Act, section 5 states:

“No action may be brought in nuisance as a result of damage caused by a tree to which Part 2 applies or as a result of an obstruction of sunlight to the window of a dwelling, or of a view from a dwelling, caused by trees to which Part 2A applies.”

Therefore, please ignore my advice on the issue of nuisance. However, negligence and trespass may still be available as causes of action.

This Act was amended in the second half of 2010 to explicitly include hedges (in addition to trees).

However, the Act is not relevant in this situation as the hedges are on common property. Therefore, the owners corporation can resolve to remove the hedges if it so wishes.

Regards

Chris Kerin

Senior Lawyer


TEYS Lawyers
The Strata Law Experts
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Pyrmont NSW 2009

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