- March 20, 2024
- Posted by: legaleseblogger
- Category: Related News
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## The Issue of Existing Trees and Potential Liability Concerns
When we moved into our current property, we noticed that there were some existing trees on the premises. In my opinion, these trees were planted too close to the fence, approximately 50cm away, considering their current size after approximately 10 years of growth. However, it appears that it is now too late to take any action regarding their placement without obtaining the necessary approval.
Our neighbor has been consistently complaining about the branches and leaves from the trees, which I understand are not valid reasons for their removal and fall under my responsibility. However, they have now raised concerns about the potential damage to their pool caused by the roots of the trees. They claim to have observed pavers lifting, signaling a possible risk to the pool’s structural integrity. While such issues may not be deemed sufficient by council guidelines to warrant tree removal, the threat to the pool raises legitimate concerns.
In the event that the council rejects an application to remove the trees and damage ultimately occurs, I am left wondering about my liability as the owner of the trees. Despite being unable to take any action without approval, would I still be held responsible for any resulting damages? Is it simply a case of “buyer beware,” where I assumed these liabilities when purchasing the property, or does the council bear some responsibility for obstructing necessary preventive measures against a foreseeable issue?
I am seeking clarity on these matters to better understand the potential legal landscape before proceeding with any actions regarding the trees.
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