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VIC Property Law Dispute with Neighbour to Cut Down Tree?

Discussion in 'Property Law Forum' started by ZEli, 10 October 2016.

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  1. ZEli

    ZEli Member

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    Hey guys,

    I have an acquaintance who recently moved into a house with a large tree that has branches overhanging into her neighbour's property. She wants to cut down the tree but her neighbour is refusing to let her because he wishes to 'preserve the view'.

    Does he have any right to stop her? He's currently being very aggressive about it and even though I feel like it's obviously legal to cut down your own tree, he's making her very nervous about it. As she is a recent migrant from India, she doesn't really know where to go for advice, hence my post here.

    I've had a look around online but most property law disputes and clarifications about the law are because the neighbour wants to cut down the tree/branches, not forcefully keep it.

    Thanks in advance, any help or links would be appreciated.
     
  2. SamanthaJay

    SamanthaJay Well-Known Member

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    I would suggest she check with her local Council. There are local laws and planning that govern tree removal from private property. Anything from the size of the tree, type of tree to whether she is in a bushfire zone could be a consideration. The neighbour doesn't have a say in it.
     
  3. ZEli

    ZEli Member

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    Thank you for your time Samantha, I'll ask her to check with her Council.
     

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