In the recent case of Pollachini v Estate of the late Peter Dimitropoulos [2020] NSWLEC 1463, the court considered whether the owners of the Estate of the late Peter Dimitropoulos were liable to pay for damages caused by a tree to the property of Ms Pollanchini.  Ms Pollanchi alerted the respondents to the damage numerous times before commencing proceedings in 2020. She claimed damages for the tree’s roots penetrating her sewer, requiring pipe clearance by a plumber, and for damage to the side gate, the driveway, the fence of her property, and walls of her house. She also claimed that the tree was a tripping hazard which impaired the ability to evacuate in case of emergency. The respondent resisted the claims on the ground that the tree had been poisoned and removed. Conclusively, the respondents were required to reimburse Ms Pollachini with $250 for the damage, and to pay her to have the tree ground away to a depth of 500mm below the soil surface and also to remove all stump grindings from the site. This case demonstrates the risk of not properly removing a tree that causes damage to another’s property.

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