In Daniels v Wyner & Anor  NSWLEC 1250, Mr Daniels applied to the Land and Environment Court pursuant to section 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) seeking orders for the Wyners to remove a Liquidamber tree from their backyard and to pay $8,894.00 to him.
Mr Daniels alleged that the roots of the Liquidamber had damaged his sewer pipes, garage floor, retaining walls and the ground in his backyard. Mr Daniels further alleged that that the Liquidamber’s leaves were falling into his yard and he had paid $1,200.00 to have his yard cleaned up.
The Court held that the Wyners were not liable for any damage to the sewer pipes because there was no evidence that the pipes were damaged whilst the Wyner’s owned the tree. The Wyners were also not liable for the damage to the garage floor and retaining walls because Mr Daniels failed to sufficiently prove the damage was caused by the Liquidamber.
Taking advice from a specialist environmental lawyer is the best way to ensure that either actions being taken, or actions being defended by residents have their best opportunity to succeed. Environmental lawyers are able to separate the emotion that is all too often part of a dispute amongst neighbours from the facts that form a part of the relevant legislation.
Matthews Folbigg Lawyers, Parramatta are specialist Environmental Solicitors in Western Sydney who are able to advise in relation to all matters in relation to Environmental disputes. Call an expert in Environmental Legal Services today on 1800 300 308.