When it comes to construction, trees can often become a surprising adversary. While we all love the greenery and the benefits that trees provide, they can pose significant challenges and legal issues during construction projects. Let's delve into the common issues related to trees and construction, and explore the relevant legislation that governs these matters.
Can You Cut Overhanging Branches?
Yes, you are allowed to cut branches that overhang your property if they are causing a nuisance. However, it’s important to remember that any branches you cut off still belong to your neighbour. If you are unable or unwilling to dispose of them, your neighbour cannot refuse to take them back.
Can You Keep the Fruit?
If your neighbour has a fruit tree with branches that overhang into your property, the fruit still belongs to them. It is always best to ask for permission from your neighbour before taking any fruit from their tree.
Tree Roots and Property Damage
Tree roots can cause significant damage to adjoining properties, and if your tree's roots damage a neighbour’s property, you can be held liable for the damage caused. This is particularly important in construction, as newly planted trees near homes can grow and their roots can cause problems down the line.
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The Issue with Tree Roots
Many problems associated with trees stem from their root systems. The roots of some trees can cause severe issues to residential homes, especially during periods of drought. Trees search for water and moisture, causing their roots to expand and apply pressure to everything around them, including home foundations. This can lead to cracks in the home, such as cornice corners opening up, cracks in ceiling and wall gyprock, or doors becoming sticky and difficult to operate.
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Communicate with Your Neighbour
The simple rule, much like the process of erecting a common boundary fence, is to communicate with your neighbour. Open and honest communication can help avoid conflicts and resolve issues amicably.
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Legal Framework: Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
Understanding the legal framework is crucial when dealing with tree-related issues. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 governs the rights and responsibilities of property owners regarding trees. Here are the main points you need to know:
- Rights to Cut Overhanging Branches: Property owners have the right to cut branches that overhang their property if they are causing a nuisance, but they must offer the cut branches back to the tree owner.
- Fruit Belongs to the Tree Owner: All fruit produced by the tree belongs to the owner of the tree, even if the branches overhang into a neighbour’s property.
- Liability for Damage: If a tree on your property causes damage to a neighbour’s property, you may be liable for the costs of repairs.
- Dispute Resolution: The Act provides mechanisms for resolving disputes between neighbours regarding trees and other property issues.
For more detailed information, you can refer to the full text of the Act here.
Conclusion
While trees can be beautiful and beneficial, they can also pose significant challenges during construction. Understanding your rights and responsibilities, and communicating effectively with your neighbours, can help you navigate these issues smoothly.
Check out some of our other posts below where we look into issues like movement, settlement, and ways to overcome these common construction issues.
Further Reading
Anthony Painter
Anthony Painter
Anthony Painter
