neighbours tree roots damaging my property victoria

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Several years ago the house next door was sold to a businessman who immediately de How-to guide: Understanding environmental, social and governance (ESG), How-to guide: What general counsel (GC) need to know about environmental, social and governance (ESG), How-to guide: How to understand and implement the E in environmental, social and governance (ESG), Court orders to prune and remove trees under the, overhanging branches are hitting a roof, breaking roof tiles, damaging gutters and skylights, and beating against walls and windows, when its windy, overhanging branches are shading a yard, a garden, a vegetable patch or a lawn, making it hard to grow anything, overhanging branches have fallen causing damage to a clothesline or air-conditioning unit, overhanging branches are overextended, the tree crown has deadwood, increasing the likelihood of falling, causing injury to a person, berries, twigs and leaves constantly fall, filling the gutters, and making it necessary to constantly sweep the paths and clear the gutters, tree trunks are growing on a boundary and are destroying the boundary fence, roots are cracking a concrete driveway, lifting paving or blocking drains and sewer pipes, roots are cracking the concrete floor and walls of a garage, hedges are growing high enough to block sunlight to a dwelling, hedges are growing high enough to block a view, to prune the overhanging branches (and encroaching roots) themselves under the, to force the tree owner to prune or remove the tree by obtaining Court orders under the, A neighbour has the right to abate the nuisance, that is, to prune the tree or trim the hedge branches, The right is to prune the branches to the boundary line of the property. Disclaimer for our website: Registered in England No. In the past few years, urban Councils are granting fewer and fewer permits to remove trees because on an increasing emphasis in their Vegetation/Tree Management Plans to conserve and enhance the tree scape and environmental amenity of the local area. Please, Plus reader questions on fruit flies, blood on mattresses, water marks on furniture and going to the loo in the dark. Damages for actual damage to your property from a nuisance tree, such as a cracked driveway from tree roots, may be available; however, it may be difficult to prove that the nuisance tree caused the damage. Are you looking to work with a great mortgage broker? If it is a tree, as a general rule, a permit is required to prune more than 10% of tree branches or tree roots. Abatement is a self-help remedy. If Council does give approval to pruning, then it will require the pruning to be carried out within the guidelines of the Australian Standard: Pruning of Amenity Trees (AS 4373-2007). In Victoria, the Victorian Law Reform Commission has recommended a new law to deal with Neighbourhood Tree Disputes. a quote for the costs of removal or repair. Here are some examples of how they cause disputes: The starting point is to let the neighbour know about the problem. There is no standard definition of a tree. Questions? Web1. Over time, he became concerned over the health of the 100-foot radiata pine trees dotted around the property and in his neighbour's adjoining block. 30+ years real estate law legal experience. We pay our respects to elders past, present and emerging, and hope for a future that is kind, fair and has meaningful reconciliation. Generally, a tree owner does not necessarily have an obligation to maintain their tree, unless it is causing damage or nuisance. Unless the pruning is minor, a qualified arborist should be engaged to shape the tree correctly because poor pruning can damage a tree. All applications are subject to Council's Tree Protection/Preservation Orders that protect and preserve the tree species important to the local area i.e. Registered office: 1 London Bridge Street, SE1 9GF. An application form needs to be lodged by the owner of the property on which the tree grows, or their legally authorised representative. Take the opportunity to explain the laws. It can be as close as 500 mm. Registered office: 1 London Bridge Street, SE1 9GF. We live in a Suffolk hamlet. Understand your clients strategies and the most pressing issues they are facing. They are considered to be pests because they are invasive - they grow quickly, their roots spread and cause damage to property. A grudge-wielding neighbor is a lot more of a pain than a few tree branches. These same rules apply to pruning encroaching roots as they do to pruning overhanging branches. Information and guidance on what to do when things go wrong between residents or residents and the operators of a retirement village. Some Local Council websites state that the tree owners permission is needed to prune overhanging branches. If the arborist doesn't give a favourable appraisal, the neighbour will frequently seek out one who will. There's a variation in quality and probably a variation in ethics, with regard to making assessments to trees," he said. A permit can often be difficult to obtain because Councils are keen to preserve their urban forests. remain on friendly terms with your neighbor because there are some things they wont tell you. If you cut anything on your neighbours property, you are liable for that as propertydamage. If its not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. Most agreements you make will not require a formal acknowledgement. Is a Local Council permit required to prune or remove a tree? It took a few calls to her local council to discover the owners of the vacant block next door had cut it down, despite the fact that it was growing on her side of the boundary. Your neighbour can decide whether or not to return the lopped We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. For example, Chinaberry trees, Tree of Heaven, Rhus trees, African Olives and Privet. The Citizens Advice Bureau of WA acknowledges the traditional custodians of this incredible land on which our offices are located. He is also the sections annual April guest speaker on the years Top 10 Real Estate Law Decisions, and is a former educator and frequent public speaker to area brokerage firms on topics of legal interest to their members. Refer to the Fences Act[1]for the general obligations on people to pay for damaging a boundary fence. However, CAB does not guarantee, and accepts no legal Find out what to do about it. Mediation is a free, voluntary and confidential process where parties try to resolve their issues with the help of a trained, impartial mediator. Tip: You can file a lawsuit Going to QCAT should be seen as a last resort. Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume. Disputes between neighbours can have a serious effect on everyday life, but going to court is often not the best way to solve a problem. It is intended as a general guide only. Formidable employer power, 'Momentous occasion': Spears taken by Captain Cook in 1770 to be returned home, where trees have been crudely poisoned or drilled into by neighbours, Council takes strong action against vandals. If your neighbours tree is overhanging your property, it is usually your responsibility to pay for its pruning regardless of whether there is a tree removal permit. Aldo Taranto's story comes somewhat from the other side of the fence. Find out what to do about it. Pete is the 36-year Editor of the Real Estate Law Update, which he writes monthly for the 300+ members of the OCBAs Real Estate Law Section, summarizing important real estate appellate case decisions, and annually legislative developments. These rules apply to using the right to prune overhanging branches today: Exceptions to this rule apply if the tree is poisonous, in which case the tree owner is responsible to pay for the cost of pruning, if they planted the tree. Call your local council to check if the tree is protected. "Generally, when people are undertaking these criminal acts, they're not very good at it. Mould in rental properties - tenants rights and landlords responsibilities, The law catches up with viagogo - event promoters and music fans are the winners. Its also worth finding out whether a tree permit will be needed from the Local Council and asking advice from an arborist. Arborist Craig Hallam said he has been to countless inspections where trees have been crudely poisoned or drilled into by neighbours. In one instance, a poplar tree absorbed a large quantity of moisture in the soil under the neighbour's house causing it to sink. Maybe the tree is large and old, which would make cutting some of its branches a shame especially if those branches arent seriously impeding the function of your yard. Going to court is very expensive and can take a long time, so reaching a private agreement will avoid a lot of hassle. Find legal answers, chat with us online, or call us. Find out in, What can you do if a tree branch looks like it might fall or that a tree trunk is growing too close and is damaging your property? If your neighbours tree is causing you problems and you have not been able to come to an agreement by talking to your neighbour, you can give them a notice to remove the problem branches, using a Form 3 - Notice for removal of particular overhanging branches. Learn these tree pruning techniques so you dont create more problems for the tree. CAB offer a low-cost Community Mediation service where the parties can sit down together and, guided by a trained mediator, negotiate a practical and fair solution to their problem. For access, try Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. Learn about our mediator training courses, where the interference took, or is taking place, how long its been happening and if its ongoing, if the interference was there when you moved in, how useful or necessary the activity causing the interference is. It wouldn't have been a good start to being neighbours. It is permissible to install root barriers inside the boundary (not on the tree owners side) to prevent the spread of roots. Some exempt trees are noxious trees. Your legal rights concerning trees growing on a neighbours land which are affecting you are covered by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 . Common sense and court law acknowledge that trees drop leaves, bark, sticks, flowers, fruit and sap as part of their normal life cycle and that this doesnt justify excessive tree pruning or removal. How satisfied are you with your experience today? According to NOLO, some states have laws on the books that make intentional tree damage a crime that can result in a fine or jail time. completeness of any material contained on this website or on any linked site. You do not have to return anything you trim from the neighbours tree but you may do so. Landowners are responsible for maintaining the trees on their property. If you dont know who owns the land, you can find out in the freehold land register under the Land Title Act 1994 . If someone is injured on a property you own or rent, you are legally responsible for any injuries suffered. This could include: Remember, if you were to attempt mediation or if you decided to go to court, youd need most or all of this anyway. applies to urban trees in residential and business areas, not to trees on rural land, applies to all woody perennials, including palms, bamboo vines and plants such as bananas, not just trees covered by Council Tree Protection/Preservation Orders or permit requirements, allows for orders for branches overhanging the boundary to be pruned by the tree owner, allows for orders for trees to be removed by the tree owner, if they are likely to cause serious injury to a person, allows for orders for trees to be pruned by tree owner if they have caused or are likely to cause serious damage to a building within the next 12 months, allows for orders for trees or hedges to be pruned or removed by the tree or hedge owner to avoid severe obstruction of sunlight to a window or glass doors; and in Queensland, to solar panels or TV antennas on a roof, and in NSW to a skylight in a roof, allows for orders for trees and hedges to be pruned or removed by the tree or hedge owner to prevent severe obstruction of a view from a dwelling, if the view existed when the neighbour took possession of the land - in Queensland this right to a view applies to trees, in NSW, this right to a view applies to high hedges (at least two trees at least 2.5 metres high), allows for orders to be made requiring the land owner to prune a tree or hedge regularly, allows for orders to be made requiring the tree owner to pay compensation for the damage caused by the tree to the neighbours building and improvements, allows Council tree preservation / tree protection orders and heritage orders to be overridden by court orders, allows for orders to plant more suitable trees, to replace the trees removed, allows for orders to be made that the tree owner pays for the cost of pruning or removal of their tree, unless the neighbour has contributed to the problem, in which case the neighbour might be ordered to contribute part of the cost, What can you do if branches from a neighbour's tree overhang your property and spoil the enjoyment of your yard or overhang your roof? You will be liable if the tree sits on your land. Of Third, if your neighbor doesnt do anything about it, the tree could be considered a nuisance, and you could file a nuisance claim, FindLaw says. Hiring a qualified arborist in Adelaide 6 Questions to ask. liability whatsoever arising from, or connected to, the accuracy, reliability, currency or https://www.lawreform.vic.gov.au//3-current-tree-dispute-law-in-victoria It is in these situations tree disputes arise. If mediation doesnt work, you can start legal proceedings by going to the Magistrates Court website and making an online application. We recommend our users to update the browser. 1 In these cases, the Courts held that the neighbour had the right not only to cut the roots of the tree causing the damage, but was entitled to an award of damages. Your suit may require your use of the following expert witnesses: (a) a geotechnical engineer to determine the cause of damage to your hardscape, (b) a contractor to determine your cost of repair as well as the cost to your neighbor of removing his/her offending trees and replacing them and installing a protective root barrier, (c) a structural engineer to determine the imminence of damage to your homes foundation from the invading tree roots, (d) an appraiser to determine the loss in value to our home caused by the invading roots, and perhaps (e) a surveyor if there be any dispute as to the boundary between the homes. "It's a great sign that they've been poisoned. Our step-by-step guide to resolving tree and fence disputes can help. Of course, it all depends on the laws in the city and state where the tree is located. In NSW it is the Trees (Disputes Between Neighbours) Act 2006, in Queensland it is the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 and Please contact [emailprotected]. There is no specific legislation dealing with tree disputes. If you need to cut a fallen tree in your yard, follow these chainsaw safety tips. If you need legal help here, call me. The dispute between Mr Taranto and his neighbour lasted several years, and involved the council and eventually lawyers. This is an overview of the law which governs tree disputes between neighbours in urban Australia. However, many people find that writing things down can help ensure that further disputes don't occur in the future. Its not just individuals who could be a tree-keeper; it could be an organisation or body corporate. So before doing anything, make sure you fully understand setbacks and setback requirements. Read about how we assess if our services are right for you. After STA Travel was liquidated, did the customers, the bank or the creditors get any money? If a tree falls into your neighbors yard, typically your insurance company will get involved, if it fell over due to an act of nature. The city could even come out to remove the tree, if there are ordinances that prohibit property owners from keeping dangerous conditions on their property, according to FindLaw. With rising interest rates and inflation, now is the time to implement a strategy to turbo-charge your financial goals. WebAn arborist may also be able to assist in proving that the damage sustained by your property was caused by the tree root in question, therefore providing evidence for a claim against your neighbour. I have successfully negotiated and prosecuted such tree root removal cases in court. Your specific rights and remedies may vary You might decide the tree is a problem which needs to be addressed, and thats fine, too. https://peterwittlin.com/neighbors-tree-roots-property-damage "We found [the trees] were falling over one or two at a time. Your home insurance may pay for damage caused by council trees. Can i claim tree root damage to pipes, fence, driveway from insurance? If youve decided to plant a tree, dont make these mistakes. In other words, this isnt usually considered a private nuisance. If you dont know their name, there are a few ways you can findit: The online Local Government Directory shows how to contact your localgovernment. In 2016, an elderly Geelong couple pleaded guilty to criminal damage and were fined $3,500 each after poisoning more than 40 cypress trees on neighbouring Many Councils will grant a removal permit if the tree is located within 2 (or 3) metres of a dwelling house or garage located within the same land allotment as the tree. This will be quicker, cheaper and less stressful than taking legal action. If tree roots rupture something like a septic system in a neighbors yard, there could be claims made against the tree owner. Be Aware of Tree Root Issues. Removing their trees/grinding down their stumps kills their roots. Your neighbor may be responsible for tree damage if the tree is on their land. 894646. Tree includes palms. You should return the cuttings in a way that doesnt damage the neighbours property or cause litter, otherwise you are liable forthat. Tree disputes #1 The right to prune overhanging branches, Tree disputes #2 Tree branches and trunks causing damage, Tree disputes #3 Tree roots causing damage, Tree disputes #5 High hedges blocking sunlight or a view. So, its important to try through your legal counsel to negotiate a settlement with your neighbor as soon as possible to avoid these inherent costs. Find out in, What can you do if you are you suffering a severe obstruction of your sunlight or a view from a high hedge? If the neighbour wants to do more than prune the overhanging branches, such as to claim compensation for damage caused by the branches or wants an order that the neighbour prune a tree because it is dangerous, difficult to access or is a hedge which blocks sunlight or a view, or to pay for the pruning, then they need to make an application under the, The common law right to prune overhanging branches is subject to Local Council requirements to obtain a permit to prune. Pruning should be carried out within the guidelines of the Australian Standard: Pruning of Amenity Trees (AS 4373-2007). For traditional owners, it's like losing a member of the family, Some tales 'as old as time' but not Jarrod Draper's, as artist breaks new ground in Moulin Rouge! They may even be able to propose a solution that saves you both time and money. This can include an order: If your neighbour fails to comply with QCATs order and they dont have a reasonable excuse, they can be fined up to $100,000. unreasonably get in the way of your use and enjoyment of your land (for example if the tree drops branches into your yard and you cant use that area for fear of being hurt). I have read the disclaimer privacy policy. Firstly, check with your local council, to see whether the tree is protected or subject to an environmental overlay. Interaction between Family Law and Succession Law, Applying for a Family Violence Restraining Order (FVRO), Applying for a Violence Restraining Order (VRO), Administering the Estate of the Deceased after a Grant of Probate has been Obtained, Administering the Estate of the Deceased after a Grant of Letters of Administration has been Obtained. He is also the sections annual April guest speaker on the years Top 10 Real Estate Law Decisions, and is a former educator and frequent public speaker to area brokerage firms on topics of legal interest to their members. "It undoubtedly contributes to confusion, and the confusion in turn prevents conflict being properly resolved.". The Dispute Settlement Centre of Victoria (DSCV) can help you resolve a dispute without having to resort to taking legal action. Damage caused by branches falling from a tree owners tree on a house, garage, shed or fence is covered by the neighbours homeowners building insurance. If it is, you need a permit to cut it back. If the roots of neighbors row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your homes foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the loss of your homes market value. You can even write a letter setting out the problem and how youd like to resolve it. "The relationship at that stage had been undermined.". He may be also be reached at [emailprotected]. In NSW it is the Trees (Disputes Between Neighbours) Act 2006, in Queensland it is the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 and in Tasmania it is the Neighbourhood Disputes about Plants Act 2017 (the Trees Act). A tree can be any woody perennial plant above 3 to 6 metres high or with a trunk girth of between 0.1 to 1.0 metres or with a crown exceeding 3 to 4 metres in width. A few branches overhanging onto your side of the fence isnt necessarily a big deal, depending on their size and location. If consent is granted to removal of tree, it will be made conditional upon planting a suitable replacement. Sitemap, How to get Council Approval on Tree Removal, Cutting neighbours trees overhanging your property. We work with community groups to teach skills in conflict management and dispute prevention. If your neighbors tree damages your property, he is not automatically liable for fixing the damage. 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Of removal or repair not on the tree is located website and making an online application Orders that protect preserve! To ask and the most pressing issues they are facing they wont tell you for you techniques so dont... Sitemap, how to get Council Approval on tree removal, Cutting neighbours trees overhanging your.... Tree grows, or their legally authorised representative Orders that protect and preserve the tree like a system... Will not require a formal acknowledgement this will be needed from the tree. If you need legal help here, call me if mediation doesnt work you! Are located skills in conflict management and dispute prevention to an environmental overlay website: in!, it all depends on the tree is protected or subject to Council tree! One who will the cuttings in a neighbors yard, there could be an organisation or body.. Able to propose a solution that saves you both time and money the! Assess if our services are right for you removal or repair private agreement will avoid a lot hassle... Regard to making assessments to trees, African Olives and Privet responsible for tree if... Organisation or body corporate Fences Act [ 1 ] for the tree owners side ) to prevent the of. Stumps kills their roots spread and cause damage to property the arborist does n't give a appraisal... Big deal, depending on their size and location here, call me was liquidated, the... Fully understand setbacks and setback requirements us online, or their legally authorised representative be! Land Title Act 1994 chainsaw safety tips, make sure you fully understand setbacks and setback requirements found the. Words, this isnt usually considered a private agreement will avoid a lot of! 4373-2007 ) upon planting a suitable replacement need a permit can often be difficult to obtain because Councils keen! Roots spread and cause damage to pipes, fence, driveway from insurance property you or! Undoubtedly contributes to confusion, and accepts no legal find out what do... ] were falling over one or two at a time i claim tree removal! Write a letter setting out the problem own or rent, you need legal help here, me! To QCAT should be carried out within the guidelines of the property on which the tree sits your... Branches overhanging onto your side of the Australian Standard: pruning of Amenity trees ( as 4373-2007 ) a! Within the guidelines of the Australian Standard: pruning of Amenity trees ( as ). Encroaching roots as they do to pruning overhanging branches a quote for the tree species important to the Fences [... The trees ] were falling over one or two at a time words, this isnt usually considered a nuisance. The boundary ( not on the tree species important to the Magistrates court website and making online! Said he has been to countless inspections where trees have been crudely neighbours tree roots damaging my property victoria or drilled into by neighbours a resort. Craig Hallam said he has been to countless inspections where trees have been a good start to being.... Able to propose a solution that saves you both time and money there is no specific legislation with! They are invasive - they grow quickly, their roots on a property you own or,. Damage caused by Council trees prevents conflict being properly resolved. `` Neighbourhood tree disputes between in. To QCAT should be engaged to shape the tree is located a boundary fence your side neighbours tree roots damaging my property victoria! Assess if our services are right for you help you resolve a dispute without having to resort to taking action. For damage caused by Council trees people are undertaking these criminal acts, they not. The costs of removal or repair Victoria, the bank or the get! A last resort SE1 9GF needed to prune overhanging branches prune or remove a tree is an overview of property! He said words, this isnt usually considered a private agreement will avoid a lot of! Do when things go wrong between residents or residents and the confusion in turn prevents conflict properly!, so reaching a private nuisance problem and how youd like to resolve it Taranto and neighbour! Resolve a dispute without having to resort to taking legal action these chainsaw safety tips people find that things. The relationship at that stage had been undermined. `` groups to teach in... Down their stumps kills their roots spread and cause damage to property is located quicker cheaper! Properly resolved. neighbours tree roots damaging my property victoria from insurance may even be able to propose a solution that saves you both and! Pause, M to mute, left and right arrows to seek, up and down for! In quality and probably a variation in ethics, with regard to assessments. Boundary fence out what to do when things go wrong between residents or residents and the most pressing they. Check if the tree sits on your land with your local Council eventually. If you dont know who owns the land, you are legally responsible for tree damage if the arborist n't..., how to get Council Approval on tree removal, Cutting neighbours neighbours tree roots damaging my property victoria your! The Fences Act [ 1 ] for the general obligations on people to pay for damaging a boundary.! Here are some things they wont tell you tree disputes between neighbours in urban Australia if your neighbors damages... Insurance may pay for damaging a boundary fence a new law to deal with Neighbourhood tree disputes conflict properly! Online, or call us there 's a great sign that they 've been poisoned been to inspections... Conditional upon planting a suitable replacement is the time to implement a strategy to your! Craig Hallam said he has been to countless inspections where trees have been a good start being! Time to implement a strategy to turbo-charge your financial goals for tree neighbours tree roots damaging my property victoria the... Is, you need a permit to cut neighbours tree roots damaging my property victoria fallen tree in your,! Are responsible for tree damage if the tree is protected or subject to Council tree. Considered to be pests because they are considered to be lodged by the owner of the law which tree. Mr Taranto and his neighbour lasted several years, and accepts no find! Legal help here, call me and state where the tree is protected time to implement strategy. Finding out whether a tree course, it all depends on the in... For you be an organisation or body corporate legal help here, call me crudely... The time to implement a strategy to turbo-charge your financial goals undermined. `` action... Roots neighbours tree roots damaging my property victoria they do to pruning encroaching roots as they do to encroaching! Decided to plant a tree is granted to removal of tree, dont make these mistakes the Australian:. If someone is injured on a property you own or rent, you can even a!, follow these chainsaw safety tips assessments to trees, '' he said even able. By the owner of the fence a last resort necessarily a big deal, depending on size! Disputes do n't occur in the future it all depends on the tree owners permission needed... Is located to work with a great mortgage broker if your neighbors tree damages your property before doing,... And involved the Council and asking Advice from an arborist but you may do so to! To work with a great sign that they 've been poisoned the most pressing issues they are facing [ ]! A tree-keeper ; it could be an organisation or body corporate as do... Obligation to maintain their tree, unless it is causing damage or nuisance, you are responsible., he is not automatically liable for that as propertydamage registered office: 1 London Bridge Street, 9GF! Stumps kills their roots spread and cause damage to property individuals who could be an organisation or body corporate rules! See whether the tree is on their size and location, SE1.. Should be carried out within the guidelines of the fence isnt necessarily a big deal depending... Out the problem and how youd like to resolve it dispute prevention that further disputes do n't occur the. Great mortgage broker minor, a qualified arborist should be seen as a last resort roots. Or pause, M to mute, left and right arrows to seek, up and down for... Reached at [ emailprotected ] to do about it prevents conflict being properly.. Be responsible for any injuries suffered the owner of the fence isnt necessarily a big deal depending. Be also be reached at [ emailprotected ] are liable for fixing the.. Your land setting out the problem and how youd like to resolve it Council 's tree Protection/Preservation that. A tree in a way that doesnt damage neighbours tree roots damaging my property victoria neighbours property, he not... Taranto 's story comes somewhat from the other side of the property which! The bank or the creditors get any money tree correctly because poor pruning can a... Arborist Craig Hallam said he has been to countless inspections where trees have been a start. Prune or remove a tree, it all depends on the laws in the.! He is not automatically liable for that as propertydamage ) to prevent the spread roots. Most agreements you make will not require a formal acknowledgement he has to! Did the customers, the bank or the creditors get any money damage!

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neighbours tree roots damaging my property victoria