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I have a very simple (I hope) question. In NSW if a tree on an owner’s lot requires to either be removed (subject to council permission of course) who is responsible – lot owner or OC. There is conflicted opinion relating to the general ‘cubic space’ issue. No part of the tree is on or over Common Property.
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There is a point where the air above your terrace or yard becomes common property (about 2.5 metres, I think). If the tree is big enough, it is partly in common property and therefor you will probably have to get agreement with the OC to make any drastic changes. Don’t forget that the ree may be there to provide shade for another property. On the other hand, the OC has to share the cost of maintaining the tree too. Swings and roundabouts.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
I looked into such a circumstance months ago, but from the OC point of view.
That said, what I found addresses your problem.
The tall tree was in one lot and did encroach any neighboring property.
I discovered:
If the tree is on a lot’s land ie not common property and is not causing a problem then it is the lot owner who decides if to prune or cut or remove;
In the absence of a direction from the local council to remove the tree, the OC cannot dictate what an owner does with the tree unless the tree is causing problems like shedding leaves on common property;
Many trees in time will cause problems with leaves shedding or expanding roots etc. at that time the OC can demand the lot owner takes action;
If for whatever reason the OC wants pruning cutting or removal tale place asap, they can always offer you to pay part of the cost;
If the tree is designated by council as dangerous, unsuitable for its location etc then if instructed to remove then the owner of the tree, is lot owner concerned, must comply with council directions at his own cost. It is strictly a matter between the lot owner and council; and
If the lot owner wants the tree removed cut it pruned, the questions are (1) is the tree of a type or size that requires council permission before taking action and (2) if council permission is needed, then correspondence is between the lot owner, the strata plan in this case is a bystander, and council and the cost is for account of the lot owner himself.
Hopefully the above clarifies the issue.
Can Land & Environment Court be considered?
Example: Neighbours planted cane on their side of the fence (private property).
My side of the fence is a Strata Apartment. The cane grew to be 30 metres high blocking sun to two bedrooms. I applied to Land & Environment Court to have the cane cut back to 2.3 metres & maintained OR removed completely.
Land & Environment Court came to site, listened to both owners & dcreed cane should be removed in its entirety. If Court orders were not followed, penalties would be applied.
Outlay to me $130 to submit issue to Court & time to provide copies to neighbour & council of submission. Attendance at court (first hearing) & attendance on site (2nd hearing)
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