What are our rights? Trees, Garage...

Hi Everyone,

Ive not been on here for a while, but am back with another question for you all.

Me and my partner own a 3 bedroom house which was built back in the 50's.

There is a 40 - 50ft Pine tree out the backyard close to the fence line and we also share a communal garage wall with the neighbor.

The neighbor rents out the house next door and wants to build another house at the backyard, here are the questions.

1. Do we have to knock down our garage because we share the wall onto his garage? (He wants to knock it down to access the backyard while building)

2. De we have to cut our beautiful pine tree down just because its an inconvenience to his property plans?

3. Where can I go for legal advice about this that wont cost me thousands to do so?

Any advice is appreciated and any questions welcome.

Cheers

Mick
 
Mick, you don't "have" to do anything.

Your neighbour can knock down his portion of the garage, but he can't touch the common wall without your consent.

Likewise with the tree - so long as it is entirely on your land then it is your decision what to do with it. In many cases you would not be allowed to cut down such a large tree unless it poses a danger.

However, it may pay to take legal advice to be sure.
Marg
 
Hi Everyone,

Ive not been on here for a while, but am back with another question for you all.

Me and my partner own a 3 bedroom house which was built back in the 50's.

There is a 40 - 50ft Pine tree out the backyard close to the fence line and we also share a communal garage wall with the neighbor.

The neighbor rents out the house next door and wants to build another house at the backyard, here are the questions.

1. Do we have to knock down our garage because we share the wall onto his garage? (He wants to knock it down to access the backyard while building)

NO


2. De we have to cut our beautiful pine tree down just because its an inconvenience to his property plans?

NO



3. Where can I go for legal advice about this that wont cost me thousands to do so?

Any advice is appreciated and any questions welcome.

Cheers

Mick


Anything they do do (ie, knock down fence, anything with the garage) that affects you, they have to pay for and ensure that they put it back in the same (or better) condition.

Disclaimer: please seek proper legal advice I am after all just a stranger on the internet.
 
Sadly, trees on adjacent properties that are in the way of someone's plans can die mysteriously.

It happens a lot around where I live...particularly if the tree is blocking out a good view. So much so that in one quite obvious case the neighbours erected black plastic sheeting where the tree that had been felled was (creating a similar visual obstructon).

I'd be keeping an eye out for drill marks in the tree, drilling noise at night or someone using a saw at night in a storm.
 
Thanks for all the advice everyone.

More points to consider.

1. Some of the tree branches do go over the fence into the neighbors yard. We don't mind if they trim it, as long as its at their cost.

2. Apparently, the neighbour is claiming that the garage communal wall is further on his property, thus giving him the right to rip it down. This doesn't sound right, does it?

3. Thanks for the tip about trees "mysteriously" dieing Ajax, ill make sure to tell my partner to keep an eye out while im at work and also will check the tree daily for any signs of foul play.

4. The neighbor has not even spoken to us face to face yet, this is all hearsay through the last owner of the house. The neighbor is assuming the last owner still owns it and is telling her all this. (The last owner of the house is my partners untie).

5. We are keeping tight lipped about everything and not saying a word until we have the correct advice and know our exact rights.

Thanks again. :D

Cheers

Mick
 
1. Go and talk to the Council. See if a development application has been lodged. If not, ask the Council whether you will be notified if a DA is lodged.
2. If the answers are no and yes, you have time.
3. Find out information like:
a.How old is the garage, was it built with council approval?
b. Is there any agreement between previous owners when it was built or is there anything registered on the title deed eg an easement
c. how long have the two properties been in separate ownership
d. is there any other fencing between the properties ie do you share a common driveway between the properties or are the properties fenced

Come back to us with those answers and a sketch so I can picture it in my mind
 
Thanks jrc. I'll get those answers and sketches done and will back with them asap.

Sorry if someone said it already, but start taking A LOT of photos now before anything changes.

Good idea. I will be taking many photos from all angles from now on.

Thanks again for the advice. :D

Cheers

Mick
 
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