roots and trespass?

roots and trespass?

Postby madmoggy » Thu Jun 30, 2011 3:34 pm

is it considered trespass if a neighbours tree/ bamboo roots come up on your property?

can you 'require' them to do something about it from their property? (as it will cause more damage if they come and dig it out on your side)

do local councils have regulations/ laws about this? (not that local council regulations are worth much)

thanks
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Re: roots and trespass?

Postby hzatph » Fri Mar 23, 2012 1:02 am

It is not a trespass in law but a nuisance which is different.
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Re: roots and trespass?

Postby Treeman » Fri Mar 23, 2012 4:57 am

It is a trespass in law but it is not an actionable one. There is nothing you can require them to do unless it is causing damage, nothing to do with the council, no rules or laws that will help there
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Re: roots and trespass?

Postby hzatph » Fri Mar 23, 2012 9:26 am

Yes, Treeman is right but legal action can only be taken as a nuisance as I understand it. I should have been more explicit.
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Re: roots and trespass?

Postby ukmicky » Sat Mar 24, 2012 3:50 pm

hzatph you are correct legally it is defined as a nuisance and not a trespass.


Case law settled that one many years ago
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: roots and trespass?

Postby APC » Sat Nov 30, 2013 12:38 pm

Sever the roots at your boundary and install a 30-50cm deep root barrier then deal with the bamboo that has got to your side. More digging I'm afraid.
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