council trees causing damage

The only difference is that the planning authority's permission is required before carrying out any remedial work. Question: I've just bought an end-of-terrace house with a tree outside on the public path. If you think a council-owned tree close to your property is causing damage to your building, you should seek guidance from your building or household insurer. A tree on Council land is causing damage to my property We will cut back trees from properties where they touch windows, walls, roofs or gutters. Is the council responsible for protected trees? General maintenance and replacement of sewer and stormwater lines due to ‘wear and tear’ are the responsibility of the landowner. Neighbour's property. A tree is causing blockage to pipes, unless the damage is serious and recurring. Trees in physical contact with buildings, fences and other infrastructure. How do I make a request relating to damage caused by trees on Council land? Our office hours are 8.30am to 4.30pm Monday to Friday. Trees that obstruct or overhang the public highway or a public right of way. If you think a tree is damaging your property, the first thing to do is contact your home insurance company for advice. General maintenance and replacement of sewer and stormwater lines due to age, ground settlement, natural ‘wear and tear’ and other factors are the responsibility of the landowner. However, Council’s ownership of the tree does not create an automatic liability in the event of a tree causing damage. No, the owner retains responsibility and duty of care to the public for the tree's condition, safety and any damage the tree may cause. Trees causing damage to your property We will cut back trees from properties where they touch windows, walls, roofs or gutters. And if trees fall or drop branches across property lines, it can become difficult to determine who is responsible. Something that can be more problematic is the part of the tree you can't see - … There must be some demonstrated act or omission of negligence by Council. You may prune the branches back to the boundary of your property but no further. If the alleged damage is visible from outside the property, Council’s Tree Operations Supervisor will inspect the site. If the tree is protected, the council may send an arborist to look at the tree and make a decision on what to do next. All claims must include a minimum of three quotes for works or invoice of costs related to the damage caused by the tree. If the tree is on Council land, such as a naturestrip, park or garden: Report an issue online. Trees can cause subsidence when their roots are in shrinkable clay. Collapse How does Council review claims for Sewer and Stormwater Damage? If the neighbouring tree is causing, loss, harm or damage through its roots or overhanging branches, there may be a case of private nuisance. Is this right?Answer: A tree is the Roots or branches from Council trees can occasionally cause damage to fences, retaining walls, driveways and vehicles. [1] Fences Act 1968 as amended by the Fences Amendment Act 2014, which brought in changes from 22 September 2014. If repairs cannot be performed without removing or seriously damaging a Council tree and there are no alternatives (such as relining or moving the pipes or directional boring), you will need to advise Council and consideration will be given to removing the tree. If you want to plant trees or shrubs on council land, you must get permission. 12. Collapse How do I make a request relating to damage caused by trees on Council land? Unfortunately pruning a tree won’t stop sap or pollen falling, or birds sitting on the remaining branches. If not why should council have the power to punish those who cut trees yet they cannot be liable for damage caused by the same trees. 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