Transcription of Trees and the Law
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Trees and the Law
Trees AND THE LAW1 Trees and the Law2 Trees and the LawProduced by the Legal Services information is a general guide to the law. It is not a substitute for legal advice. Contact the Legal Services Commission, a community legal centre or a private lawyer for legal advice. April 2018 Legal Services Commission South Australia1Is the tree really the problem? 3Is the tree owner legally responsible? 3 What can the affected neighbour do? 6 The parties discuss the problemAffected neighbour removes the nuisanceLocal council ordersTree owner removes the nuisanceCompensation for damageIs the tree protected? 12 Action by neighbourSignificant and regulated treesExemptionsApplicationsExempted Tree SpeciesHow can future problems be avoided?
negligence) to prove that any actual damage or loss resulted from the 1 trespass. Special additional damages may also be given as a warning to others. (c) T rees intruding on to the neighbour’s side Tree branches and roots growing over the boundary are not ‘trespassing’ in the legal sense.5 They are legally a ‘nuisance’.6 A
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