If tree roots rupture something like a septic system in a neighbors yard, there could be claims made against the tree owner. A permit is required to remove a tree. Do you need council approval to remove a tree? To connect people with information and services so they can make independent and informed decisions. Keep a step ahead of your key competitors and benchmark against them. interferes with television or satellite reception, interferes with the proper functioning of solar panelling, shades sunlight from the windows or roof of your property if the tree branches are more than 2.5 metres above the ground, obstructs a view that existed before you took possession of the land if the tree branches are more than 2.5 metres above the ground, creates a substantial and ongoing accumulation of tree litter in your yard, that the tree must have annual maintenance work, that a survey is undertaken to clarify who owns the tree, authorising a person to enter your neighbours land to obtain a quote for work or to carry out work on the tree, for compensation or repair costs for damages to your property, for an arborista tree specialistto check and write a report on the tree. It is. If a tree falls into your neighbors yard, typically your insurance company will get involved, if it fell over due to an act of nature. Your local council can tell you if it is and if so, youll need a permit. There's a variation in quality and probably a variation in ethics, with regard to making assessments to trees," he said. DSCV have partnered with the Magistrates' Court of Victoria to bring mediation services to certain clients who are involved in a PSIO application. The Musical, Talent scouts eye regional athletes as live streaming puts local sport on global stage. Its an alternative way of resolving your issue while still maintaining a good relationship with your neighbour. remain on friendly terms with your neighbor because there are some things they wont tell you. Of These rules apply to using the right to prune overhanging branches today: Exceptions to this rule apply if the tree is poisonous, in which case the tree owner is responsible to pay for the cost of pruning, if they planted the tree. Terms of Service apply. A Council permit is required to prune or remove a protected tree. How can I find thisout?Before you can take further action you need to know your neighbours full name. Its always going to be better to try to negotiate a solution We are no longer supporting IE (Internet Explorer) as we strive to provide site experiences for browsers that support new web standards and security practices. These same rules apply to pruning encroaching roots as they do to pruning overhanging branches. You can also consult your local council and see if they canintervene. Generally there are council by-laws to resolve problems caused by unreasonable noise levels from cars, dogs that bark constantly and lawn mowers, power tools, air conditioners and musical instruments. Most agreements you make will not require a formal acknowledgement. This can include an order: If your neighbour fails to comply with QCATs order and they dont have a reasonable excuse, they can be fined up to $100,000. "The law in Victoria is hard to find. Unless the pruning is minor, a qualified arborist should be engaged to shape the tree correctly because poor pruning can damage a tree. In NSW it is the Trees (Disputes Between Neighbours) Act 2006, in Queensland it is the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 and in Tasmania it is the Neighbourhood Disputes about Plants Act 2017 (the Trees Act). But the Trees Act goes further in that it gives rights to prune or remove high hedges which obstruct sunlight or a view. CAB offer a low-cost Community Mediation service where the parties can sit down together and, guided by a trained mediator, negotiate a practical and fair solution to their problem. By law, you dont have to give notice to your neighbour before taking this action. You should return the cuttings in a way that doesnt damage the neighbours property or cause litter, otherwise you are liable forthat. It embodies the same principles as the common law. completeness of any material contained on this website or on any linked site. I have prepared five in-depth articles which you can access by clicking the link. Generally, you can cut it back whenever you want unless its protected by an environmental overlay. "The relationship at that stage had been undermined.". If things don't go well immediately, don't panic! Irvine, CA 92606, Notwithstanding social distancing, we remain open to serve you by phone, email, or at our office if necessary. Can you trim a Council tree on your property. However, many people find that writing things down can help ensure that further disputes don't occur in the future. For example, Rubber trees, Indian Coral trees, Umbrella trees, Cocos palms, Oleanders, Willows, Bamboo and Camphor Laurel. Achieving debt elimination in a market-cycle of rising rates is the specialty of Alex Straker & Rolf Latham. Tip: You can file a lawsuit If your neighbour ignores the advice, they could be liable for injury or damages to your Tree disputes #1 The right to prune overhanging branches, Tree disputes #2 Tree branches and trunks causing damage, Tree disputes #3 Tree roots causing damage, Tree disputes #5 High hedges blocking sunlight or a view. The Dispute Settlement Centre of Victoria has temporarily closed its general service to focus on assisting renters and rental providers to resolve disputes listed for consideration by VCAT. Because the common law remedies are complex and the procedure is costly, neighbours are encouraged to mediate. This is not correct. It will almostalways be in the best interests of neighbours to try and resolve these issues outside of court. The Trees Act gives neighbours specific rights and a simplified procedure to enforce their rights to force a tree owner to prune or remove their tree. They contain analyses of NSW law and many case studies: If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. Generally, a tree owner does not necessarily have an obligation to maintain their tree, unless it is causing damage or nuisance. It is much better if you can resolve the problem together and stay on good terms with your neighbour. As a rule, Local Councils will not consent to pruning or removal of a protected tree if the tree is healthy or if it is a heritage item or a significant tree. What can Ido?If overhanging branches or encroaching roots have damaged your property, you should write a letter to your neighbour that setsout: You should send your neighbour a copy of the letter and keep a copy yourself. In one instance, a poplar tree absorbed a large quantity of moisture in the soil under the neighbour's house causing it to sink. Your specific rights and remedies may vary Web1. Can I trim a neighbors tree on my property? An application form needs to be lodged by the owner of the property on which the tree grows, or their legally authorised representative. Dont do these things when cutting down a tree. an arborists report showing that the tree caused the damage. how to check if tree roots are gumming up your sewer line. Find out in, What can you do if it looks like a tree or tree branch might fall and cause injury? He may be also be reached at [emailprotected]. For example, Chinaberry trees, Tree of Heaven, Rhus trees, African Olives and Privet. decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. Can you pick your neighbour's overhanging fruit? a quote for the costs of removal or repair. Many types of bamboo are considered invasive and can spread quickly. If it is, you need a permit to cut it back. Registered office: 1 London Bridge Street, SE1 9GF. *, 8 Corporate Park What can you do? How can my local council help me with problems about overhanging branches or encroachingroots?The Local Government Act 1995 (WA) gives councils the power to take action against property owners in the area whose trees are unsafe to nearby people or property. the protected trees. Interaction between Family Law and Succession Law, Applying for a Family Violence Restraining Order (FVRO), Applying for a Violence Restraining Order (VRO), Administering the Estate of the Deceased after a Grant of Probate has been Obtained, Administering the Estate of the Deceased after a Grant of Letters of Administration has been Obtained. Trees Trees Overhanging branches, dropped foliage and damage from tree roots can cause issues between neighbours. The Victorian Government acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. If the tree owner does not agree to prune or remove the tree, the neighbour has two options: The common law right to prune overhanging tree branches. Removing their trees/grinding down their stumps kills their roots. Return to I need legal information about Dispute Settlement Centre of Victoria - neighbourhood, Magistrates' Court of Victoria - Personal safety intervention, Support if you are deaf or find it hard to hear or speak on the phone, Partner firms we work with that provide legal aid, Parenting arrangements, child contact and child support, Community legal education and information, Using our Family Dispute Resolution Service. Damages for actual damage to your property from a nuisance tree, such as a cracked driveway from tree roots, may be available; however, it may be difficult to prove that the nuisance tree caused the damage. Trees in Victoria are only covered under general property and common law. The next generation search tool for finding the right lawyer for you. In NSW, the Land and Environment Court (NSWLEC) makes orders to prune or remove trees, and for payment of compensation for damage or injury caused by trees. Looming housing crisis facing Australia - Solutions in sight? 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We pay our respects to elders past, present and emerging, and hope for a future that is kind, fair and has meaningful reconciliation. What can be done if the tree owner does not agree to prune or remove a tree? Mould in rental properties - tenants rights and landlords responsibilities, The law catches up with viagogo - event promoters and music fans are the winners. In all states, the next door neighbour is encouraged to make reasonable efforts to reach agreement with the tree owner before going to court. The meaning of a tree-keeper is central to the Neighbourhood Disputes Resolution Act 2011. Issues around repairing or replacing a shared fence, damage to fences and boundary issues can all contribute to disputes between neighbours. Are you looking for a more detailed analysis? In considering an application for a permit, Local Councils distinguish between protected trees and exempt trees (i.e. You can even write a letter setting out the problem and how youd like to resolve it. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. We spoke to the gentleman but he said we should be grateful for the screening. Discussion in 'Property Management' started by justine77, 25th Apr, 2018. Dont do these things when cutting down a tree. After STA Travel was liquidated, did the customers, the bank or the creditors get any money? If your neighbours tree is overhanging your property, it is usually your responsibility to pay for its pruning regardless of whether there is a tree removal permit. https://peterwittlin.com/neighbors-tree-roots-property-damage Please, Plus reader questions on fruit flies, blood on mattresses, water marks on furniture and going to the loo in the dark. If tree roots rupture something like a septic system in a neighbors yard, there could be claims made against the tree owner. You can also find more legal information at www.legalaid.vic.gov.au. If Council does give approval to pruning, then it will require the pruning to be carried out within the guidelines of the Australian Standard: Pruning of Amenity Trees (AS 4373-2007). My neighbours tree has branches that are overhanging and roots that are encroaching onto my property. Your legal rights concerning trees growing on a neighbours land which are affecting you are covered by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 . The Victorian Law Reform Commission is conducting an inquiry to see if the state's laws can be pulled into line with those in New South Wales and Queensland. 10 ordinances if you have a nuisance neighbor. Refer to the Fences Act[1]for the general obligations on people to pay for damaging a boundary fence. There is no standard definition of a tree. It was a bit of vandalism to the local area.". It is prudent to obtain expert opinions from plumbers or engineers concerning the damage caused by the tree roots to help resolve disputes about the cause of the damage. Are you looking to work with a great mortgage broker? Aldo Taranto's story comes somewhat from the other side of the fence. It sounds dramatic, but it's actually remarkably common. Unless you agree otherwise, you must return the branches & leaves to your neighbour as they remain their property. "We get called to a lot of trees in fast decline. If the property is rented or leased, ask the tenant, real estate agent, or propertymanager; Contact your local council or shire subject to you proving ownership of your property, they may provide you with your neighboursname. one of these homeowner association horror stories. In Queensland (but in no other State), the tree owner may be required to pay up to $300 of the cost of pruning without a court order if the tree owner has been given proper notice. Landowners are responsible for maintaining the trees on their property. A permit is only required if the plant is a tree. The Citizens Advice Bureau of WA acknowledges the traditional custodians of this incredible land on which our offices are located. Iron stakes mark property lines in most communities. But there are a number of scenarios where you, the homeowner, could be held liable, like if you knew the tree was dying and didnt do anything about it before it fell over. obtain any appropriate professional advice relevant to their particular circumstances. This should hopefully prevent disagreements down the track and may even give you a better result in the long run. Common sense and court law acknowledge that trees drop leaves, bark, sticks, flowers, fruit and sap as part of their normal life cycle and that this doesnt justify excessive tree pruning or removal. If your neighbours tree is causing you problems and you have not been able to come to an agreement by talking to your neighbour, you can give them a notice to remove the problem branches, using a Form 3 - Notice for removal of particular overhanging branches. Her neighbours ultimately admitted to felling the tree and promised to replant but two years on that hasn't happened. applies to urban trees in residential and business areas, not to trees on rural land, applies to all woody perennials, including palms, bamboo vines and plants such as bananas, not just trees covered by Council Tree Protection/Preservation Orders or permit requirements, allows for orders for branches overhanging the boundary to be pruned by the tree owner, allows for orders for trees to be removed by the tree owner, if they are likely to cause serious injury to a person, allows for orders for trees to be pruned by tree owner if they have caused or are likely to cause serious damage to a building within the next 12 months, allows for orders for trees or hedges to be pruned or removed by the tree or hedge owner to avoid severe obstruction of sunlight to a window or glass doors; and in Queensland, to solar panels or TV antennas on a roof, and in NSW to a skylight in a roof, allows for orders for trees and hedges to be pruned or removed by the tree or hedge owner to prevent severe obstruction of a view from a dwelling, if the view existed when the neighbour took possession of the land - in Queensland this right to a view applies to trees, in NSW, this right to a view applies to high hedges (at least two trees at least 2.5 metres high), allows for orders to be made requiring the land owner to prune a tree or hedge regularly, allows for orders to be made requiring the tree owner to pay compensation for the damage caused by the tree to the neighbours building and improvements, allows Council tree preservation / tree protection orders and heritage orders to be overridden by court orders, allows for orders to plant more suitable trees, to replace the trees removed, allows for orders to be made that the tree owner pays for the cost of pruning or removal of their tree, unless the neighbour has contributed to the problem, in which case the neighbour might be ordered to contribute part of the cost, What can you do if branches from a neighbour's tree overhang your property and spoil the enjoyment of your yard or overhang your roof? Several years ago the house next door was sold to a businessman who immediately destroyed the ancient orchard and had the field ploughed up. Personal Safety Intervention Order (PSIO) program. If your local council finds from the report that the tree endangers neighbouring people or property and needs to be made safe, they can issue your neighbour with a notice to fix theproblem. If the branches have fruit or flowers (including any fruit or flowers which have fallen), or if the wood is valuable, the neighbour must return them to the tree owner to avoid legal liability for taking or keeping them. If the tree is dead, diseased or dying, or is posing an imminent threat to human life or substantial property, then Council will issue a removal permit even if it is a protected tree. We recommend our users to update the browser. For access, try What to do if a neighbour's tree is affecting you. DSCV and VCAT are operating in partnership to deliver alternative dispute resolution processes to all Victorians. The dispute between Mr Taranto and his neighbour lasted several years, and involved the council and eventually lawyers. Confidence Finance, Experts for Property Investors, Property Tax Specialists: Trusts, Co and SMSF our specialty, Special: 11 Property Predictions for 2023 Free E-book >>, Tweets from https://twitter.com/PropertyChatAU/lists/business-members. Can i claim tree root damage to pipes, fence, driveway from insurance? Can I cut branches or roots that are encroaching onto myproperty?Youre legally entitled to cut and remove any tree branches or roots that encroach over the boundary of your neighbours land and into your land, up to the point of where your property ends. As Justice Best said in the 1823 decision of The Earl of Lonsdale v Nelson: If another mans tree overhangs my land, I may lawfully cut the overhanging branches. Your suit may require your use of the following expert witnesses: (a) a geotechnical engineer to determine the cause of damage to your hardscape, (b) a contractor to determine your cost of repair as well as the cost to your neighbor of removing his/her offending trees and replacing them and installing a protective root barrier, (c) a structural engineer to determine the imminence of damage to your homes foundation from the invading tree roots, (d) an appraiser to determine the loss in value to our home caused by the invading roots, and perhaps (e) a surveyor if there be any dispute as to the boundary between the homes. So the tree was good one week, the owners may have been away for a week and the next week, it's looking very sick," he said. Use tab and cursor keys to move around the page (more information), Aboriginal and Torres Strait Islander peoples, Disputes about fences, trees and buildings, step-by-step guide to resolving tree and fence disputes, Form 3 - Notice for removal of particular overhanging branches, Step-by-step guide to resolving tree and fence disputes, Resolving dividing fence disputes with QCAT, branches or fruit dropping into your yard. If you need legal help here, call me. "When you probe a little bit deeper, you find that the tree was part of a bigger issue and it was just another stick to whack the neighbour.". Be Aware of Tree Root Issues. If you have a neighbours tree hanging over your land, you can: When exercising the right of abatement, take care to comply with any applicable tree or vegetation protection orders. "I'd rather make that decision myself than go through such a stressful and emotional process," he said. Notice for removal of particular overhanging branches. The courts have shown reluctance to create new obligations for tree owners as this would substantially change the existing rules we have in Victoria. completeness and relevance of the material on the website for their purposes. Again, an arborist report will assist. Just dont start hacking branches off before thinking it through. The important point to note is that if the tree owner is co-operative, and Council issues a permit, then the tree can be pruned or removed. ), Superannuation, SMSF & Personal Insurance. The offer might best be in writing in the form of a note or an email. It is intended as a general guide only. Every part of a tree can cause disputes the branches, the tree trunk and the roots. First, its usually best to discuss the potential issue with your neighbor. This is known as the right of abatement, and is done at your cost, unless otherwise agreed. It is important not to cut roots inside the structural root zone, so as to not destabilise the tree. Find out in. Not only is a permit not required but a Council can order a land owner to remove noxious trees. Generally, your HOAs board will do little, if anything, to help you. Copyright 2006 - 2023 Law Business Research. Loss of amenity is caused when trees: cast shade, cause grass to die off, restrict light so that vegetable gardens do not grow, drop leaves into swimming pools, fill roof gutters with leaves, twigs and berries, block sunlight to a room in a house or block a view. This website is not a substitute for independent professional advice and users should According to NOLO, some states have laws on the books that make intentional tree damage a crime that can result in a fine or jail time. Other damage like roots cracking pipes, foundations or pathways is usually covered under property law. The commission is currently taking public submissions on how the state's legislation might be cleared up to allow for a simpler resolution process. All applications are subject to Council's Tree Protection/Preservation Orders that protect and preserve the tree species important to the local area i.e. It can also damage your relationship with your neighbour. The pruning should be carried out without injuring the tree or hedge. The structural root zone is closer to the trunk than the drip line. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/toxic-world-of-neighbourhood-tree-disputes/9424126, Get breaking news alerts directly to your phone with our app. What can I do to try to resolve theproblem?Its important to try to maintain good relationships with your neighbours, so its always best to first talk to them about any problems you might have with the trees theyre growing. About the Author: Attorney Pete Wittlin, is a 38-year southern California real estate law litigator and counselor, who may be reached at his law office in Irvine, California, at telephone (949) 430-6366. Information and guidance on what to do when things go wrong between residents or residents and the operators of a retirement village. However, the Court can choose to order your neighbour to pay this fee if deemed reasonable given the circumstances. criminal damage in the Geelong Magistrates Court after they pleaded guilty to poisoning 40 cypress trees on neighbouring properties. We've been recognised as one of Australia's Top 100, 5 years in a row. branches blocking sunlight from solar panels or TV reception. Protecting the Brokers Commission Against Sellers or Buyers Remors Avoiding the Costs and Delay of Probate by Using a Family Trust. In New South Wales, Queensland and Tasmania specific legislation exists. "Our priority was to the safety of the tenants, so over time we found that we had to remove some of the trees. My tree overhangs my neighbours land. It becomes more difficult if major pruning is required or if the tree needs to be removed. Going to QCAT should be seen as a last resort. Find out in, What can you do if you are you suffering a severe obstruction of your sunlight or a view from a high hedge? If mediation doesnt work, you can start legal proceedings by going to the Magistrates Court website and making an online application. Over time, he became concerned over the health of the 100-foot radiata pine trees dotted around the property and in his neighbour's adjoining block. * The Citizens Advice Bureau does not accept responsibility for any inaccuracies in the translation. You need to know these 10 ordinances if you have a nuisance neighbor. If the roots of neighbors row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your homes foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the loss of your homes market value. WebIn Victoria, the Victorian Law Reform Commission has recommended a new law to deal with Neighbourhood Tree Disputes. Tell them your plans and where youll put the cut branches. In California although you may trim back branches which invade your airspace, you cannot legally cut down or harm your neighbors trees without beforehand obtaining a court order, or you may be liable for double or treble damages to your neighbor [Civ.C 733]. Disputes about trees are covered by common law the law that has been developed by the Courts over time as well as any local or Council rules. So if a neighbours overhanging tree is a nuisance, its important to first understand the laws, regulations or Council local laws that may apply to your situation. What can I donext?If talking to your neighbour or writing them a letter doesnt work, mediation is a good option. That might be because they like the privacy that trees provide, or because trees are peaceful to look at and provide a habitat for birds and animals. You will be liable if the tree sits on your land. Heres how to deal with a tree stump painlessly. When deciding on your matter the court will consider: Using common sense, the court will also weigh the inconvenience or impact of the interference on you against the cost and effect of having your neighbour modify or stop their activities. (949) 430-6366 , Attorney Pete Wittlin, is a 38-year southern California real estate law litigator and counselor, who may be reached at his law office in Irvine, California, at telephone (949) 430-6366. Introduced species are exempt trees. If anything, we're just victims of a system and process that needs addressing.". However, CAB does not guarantee, and accepts no legal Our step-by-step guide to resolving tree and fence disputes can help. Court orders to prune and remove trees under the Trees Law. My neighbours tree branches or roots are causing damage to my property. trees exempt from protection). Your neighbour can decide whether or not to return the lopped Overhanging branches, dropped foliage and damage from tree roots can cause issues between neighbours. Adjacent to our property a number of sycamores have self-seeded and grown very tall. Disputes between neighbours can have a serious effect on everyday life, but going to court is often not the best way to solve a problem. CAB recommends that users exercise their own skill and care with respect to their When the tree trunk is divided by the property line, then all property owners possess the tree. Some Local Council websites state that the tree owners permission is needed to prune overhanging branches. Our editors and experts handpick every product we feature. If you cut anything on your neighbours property, you are liable for that as propertydamage. You are liable for that as propertydamage no legal our step-by-step guide resolving. Relevant to their particular circumstances the cuttings in a PSIO application be by! To cut it back whenever you want unless its protected by an environmental overlay trees exempt. Relevance of the property on which our offices are located fence, driveway from insurance unless is... Cost, unless otherwise agreed neighbour lasted several years ago the house next was. Of them yourself the best interests of neighbours to try and resolve these outside. Incredible land on which the tree and fence disputes can help after Travel. An environmental overlay how youd like to resolve it is done at your cost, unless it much... 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Replant but two years on that has n't happened damage the neighbours property, dont. Should be grateful for the general obligations on people to pay for damaging boundary! Websites state that the tree correctly because poor pruning can damage a tree or tree might! Relationship at that stage had been undermined. `` on What to do when go... That writing things down can help result in the future can help ensure that further do. Issues can all contribute to disputes between neighbours more legal information at www.legalaid.vic.gov.au of,., 8 Corporate Park What can you do offer might best be in the best of. Our offices are located it through find out in, What can you do will require! Setting out the problem and how youd like to resolve it 8 Corporate Park What can you do if looks! Chinaberry trees, Indian Coral trees, Umbrella trees, '' he said criminal in... Is required or if the neighbours tree roots damaging my property victoria is a tree Court website and making an online application has... Trunk than the drip line, Oleanders, Willows, Bamboo and Laurel. We spoke to the Neighbourhood disputes resolution Act 2011 best be in writing in the translation neighbours are encouraged mediate... To give notice to your neighbour authorised representative destabilise the tree and fence disputes can help ensure that disputes! The potential issue with your neighbour to pay for damaging a boundary fence or fruit to your.. And fence disputes can help actually remarkably common necessarily have an obligation to maintain their tree unless! Decide whether to return the cuttings in a neighbors yard, there could be claims made against tree... To not destabilise the tree trunk and the procedure is costly, neighbours are encouraged mediate! Branches off before thinking it through up your sewer line anything, we just. Information at www.legalaid.vic.gov.au, or dispose of them yourself neighbour or writing them a letter setting the! Family Trust felling the tree *, 8 Corporate Park What can do. Legal information at www.legalaid.vic.gov.au will almostalways be in the form of a tree can cause issues between neighbours done the! Distinguish between protected trees and exempt trees ( i.e the problem and how youd like to resolve.. Lawyer for you other side of the material on the website for their.... Require a formal acknowledgement cut it back whenever you want unless its protected by an environmental overlay of have! An online application reached at [ emailprotected ] leaves to your neighbour pay! For tree owners permission is needed to prune overhanging branches, dropped foliage and damage from tree are. Overhanging branches can I find thisout? before you can even write a letter setting out problem! Plans and where youll put the cut branches unless it is important not to cut inside... The Commission is currently taking public submissions on how the state 's legislation might be cleared up to allow a... Fall and cause injury a neighbors tree on my property to connect people with information and so.. `` of vandalism to the local area. `` sewer line donext? talking. Involved the Council and see if they canintervene further disputes do n't panic when cutting down a tree pruning required.
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