Australian homeowner sought $23,650 over tree damage; court rejects claim
The NSW Land and Environment Court has rejected a homeowner's claim for damages against a neighbor regarding tree-related property issues. The court ruled that the plaintiff failed to provide sufficient evidence linking the specific trees to the structural damage of her heritage home.
Why it matters
This case highlights the legal burden of proof required in neighborly disputes involving property damage and arboricultural claims.
An Australian homeowner who blamed six trees on neighbouring property for damage to her 130-year-old heritage home has failed in her claim for tree removal and about $23,650 in repair costs. The NSW Land and Environment Court found that there was not enough evidence to establish that the trees had caused, were causing, or were likely to cause damage to her property, Legal 500 reported last week.Catherine Armstrong, who owns a heritage-listed home in Cremorne, NSW, had alleged that six trees on the adjoining property were responsible for several problems at her house. These included cracks in sandstone walls, internal cracking, movement of the front verandah, failure of a retaining wall and damage to a boundary fence. She brought the case against the Owners of Strata Plan 5548, which owns the neighbouring apartment complex.Armstrong sought orders under Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (NSW).
Get smarter about the news
Sign up free for a feed built around what you actually care about, Dive Deeper research on any story, and the full text of every article.
Create free accountAlready have an account? Sign in