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Trees disputes between neighbours

Parsons v Barbaro

Neighboring-tree dispute over bamboo and claimed pipe, fence, sunlight, and view impacts was dismissed for insufficient proof and lack of statutory thresholds.

  • Damage caused by trees
  • Risk of future damage
  • Risk of injury
  • Obstruction of sunlight
  • Obstruction of views
  • Bamboo hedge
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Environment and planning

Wines v Homes NSW

The Court partly granted Henry Wines’ bamboo dispute application against Homes NSW, ordering staged removal works and $6,253.50 compensation.

  • Bamboo encroachment
  • Damage to property
  • Sewer pipe blockage
  • Fence damage
  • Compensation
  • Remedial works
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Environment and planning

Buffier v Ball

Application under the Trees Act refused because the nominated trees were not shown to form a hedge, and the view obstruction was found to be moderate.

  • High hedges
  • View obstruction
  • Jursidiction under pt 2a
  • Reasonable effort to reach agreement
  • Severe obstruction of view
  • Trees-disputes-between-neighbours
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Planning and environment law

James v Sheridan

The Court refused a Pt 2A trees application about a Leyland cypress hedge in RU1 land, finding the Trees Act did not apply and no orders were needed.

  • Obstruction of views
  • Neighbouring hedge
  • Zoning and application of the trees (disputes between neighbours) act 2006 (nsw)
  • Severe obstruction
  • Orders to prevent future view obstruction
  • Tree-disputes
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Trees disputes between neighbours

Williams v Liu

Neighbours’ hedge-dispute application granted in part: the Court ordered regular pruning of Leyland cypress hedges to restore Harbour views from the applicants’ dwelling.

  • Neighbouring hedges
  • Obstruction of views
  • Pruning and maintenance orders
  • Trees disputes between neighbours act 2006 (nsw) pt 2a
  • Trees-disputes-between-neighbours
  • View-obstruction
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Trees disputes between neighbours

Dolan v Hawker

The Court awarded $300 for fence damage caused by a neighbour’s red cedar, but declined orders concerning another tree said to risk future damage.

  • Compensation for damage caused by tree roots
  • Likely future damage from a tree
  • Apportionment of repair costs
  • Neighbouring trees application
  • Neighbouring-trees
  • Tree-root-damage
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Planning and environment

Cartledge v Dhadlie

Neighbouring-tree dispute under the Trees Act. The Court ordered limited pruning and access arrangements, but required the applicant to pay for the works.

  • Neighbouring trees
  • Tree pruning orders
  • Likelihood of damage to property
  • Costs of works where applicant contributed to damage
  • Access to land for tree works
  • Neighbouring-trees
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Environment and planning

Schiff v Shnier

The Court refused Barbara Schiff’s application about bamboo and other vegetation because the trees were not on land adjoining her property, so jurisdiction was lacking.

  • Hedges
  • Bamboo
  • Obstruction of views
  • Jurisdiction
  • Adjoining land
  • Trees-disputes-between-neighbours
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.