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本帖最后由 garysu 于 2014-10-14 11:35 编辑
LISI 发表于 2014-10-14 08:28 
楼主可以上environment court NSW 的网站上看看，有非常多类似的案例。其实邻居的树挡了你家的阳光是一个非 ...
我觉得你说的不是很对。
参见 http://www.legalanswers.sl.nsw.g ... ighbours/trees.html
摘抄：
Overhanging branches and invasive tree roots?
If overhanging tree branches cross the boundary line between properties or tree roots grow across the boundary line, under some circumstances you may be permitted to prune the branches back to the boundary or to sever the roots at the boundary. Whether you are able to do this (and what conditions might apply to you doing this) will depend on whether or not your local council has a Tree Preservation Order (TPO) see above.
If you are considering pruning branches or severing roots of a tree growing on your neighbour’s property, the first (and essential) step is to enquire whether your local council has a TPO. If your council does have a TPO, you need to find out its terms and whether any application needs to be made to the council for the branch pruning or root severing you wish to carry out.
TPOs vary from council to council and may:
require you to have the permission of the owner of the property where the tree is located before the council will give you permission to prune branches or sever roots;
limit the extent of pruning that would be permitted as a proportion of the overall canopy of the tree; or
require an arborist’s report concerning the stability of the tree if roots were to be severed.
Note: these are just examples of the types of requirements that a council may have and are certainly not an exhaustive list.
In many instances, councils will have a copy of their TPO available on their website and many councils also have explanatory material concerning tree management and about applications made under their TPO.
Although it is possible that you may have residual rights at common law to undertake branch pruning or root severing where the tree intrudes into your property, in urban areas such rights have been severely constrained or eliminated by TPOs. So, it would be sensible to discuss your proposed activity with your council’s tree management officer and to consider whether you should seek professional legal advice before interfering with any branches or roots of your neighbour’s tree.
Some trees are regarded as pest species and the TPO of a particular council may not apply to them. Trees that are exempted from the provisions of a TPO will be listed in the TPO.
Even if a tree is not covered by a TPO because either the council does not have a TPO or the particular type of tree is exempt from the tree preservation order, before undertaking any branch pruning or root severing, it would be prudent to discuss your proposed activity with your council’s tree management officer. This is particularly important if you propose to cut any large roots of a tree as this may affect the tree’s stability and thus its safety. If extensive pruning is required it is a good idea to get it done by a professional arborist with appropriate WorkCover insurances.
This section of text was provided by Commissioner Moore, Land and Environment Court. |
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年初回国,拍些见过的没见过的(填坑完毕) (2010-3-29) jmms_smmj 
楼主:imac
发表于 2014-10-14 08:41
不过树枝都放自己这边了 没丢过去
