By NICOLE WILLIAMS
Legal action’s the only option for…
FALLING pine cones and branches from a neighbour’s property have damaged a Pakenham man’s home.
Twelve months ago David Wilson approached his neighbour to seek permission to trim overhanging branches at his own expense, but had said the larger more dangerous trees were the responsibility of the neighbour – who took no action.
Mr Wilson approached council over the dangerous trees, but was told it was a civil matter. He said he was gobsmacked that legal action was the only available option if a resident was concerned about falling debris from neighbour’s property.
“Doesn’t council care when people are at risk,” he said.
“Where do you go with it, when you’re just a worker – I can’t afford a lawyer.”
Pine cones and branches have been regularly falling on Mr Wilson’s home, and he was recently forced to replace tiles on his roof, which had been cracked by falling debris.
“If it is falling fast enough to crack a tile, surely it is dangerous to people,” he said.
Cardinia Shire Council’s Governance manager Doug Evans said council had no jurisdiction over trees on private property.
“If a tree overhangs or falls on to a neighbouring property, we advise that property’s owner speak to their neighbour to try to resolve the problem,” Mr Evans said.
“If this is unsuccessful, it may be necessary to seek legal advice.”
The issue was bought to a head last Wednesday when a large branch fell on the roof, causing significant damage to Mr Wilson’s home.
“One of the trees snapped in half, smashed down the back fence and hit the house,” he said.
“It smashed the roof of the back bedroom, snapped the roof truss with the force and there may be a stud in the wall damaged.”
Mr Wilson had temporarily moved into another home while he waited for the house to be fixed and said, he didn’t feel safe there.
“I don’t want to live in my own home,” he said.
“I am not prepared to live there at the moment.”
Mr Evans recommended residents concerned about their rights and responsibilities as a neighbour, should consult the free Victoria Law Foundation publication Neighbours, the law and you, available at www.victorialawfoundation.org.au/publications
