Hones Lawyers assisted owners in Castle Cove in their application under the Trees Act of NSW.
The Trees Act provides the opportunity for a party to apply to the Land and Environment Court in circumstances where a tree or trees on an adjoining property create damage, severe obstruction to views or severe obstruction to solar access.
Our Clients were faced with a most significant problem in that adjoining owners planted Bamboo on an adjoining property which, over time, spread onto our Clients’ property resulting in substantial damage to existing gardens and paved areas on our Clients’ property. Unfortunately, previous efforts by our Clients to resolve the significant problem of the Bamboo infestation with the adjoining owners had failed.
Accordingly, our Clients had no choice but to seek our services to lodge a Trees Act application before the Land and Environment Court seeking various orders requiring the adjoining owners to remove the Bamboo from our Clients’ property, remove the Bamboo on the adjoining property within 3m of the common boundary, undertake maintenance for a lengthy period to ensure that the Bamboo did not return and payment of costs for repair of damage to our Clients’ property.
In a very recent decision by Commissioner Fakes of the Land and Environment Court, our Clients were successful and Court Orders reflecting the above were made.