Blue v Glover

Land and Environment Court New South Wales Medium Neutral Citation: Blue & anor v Glover & anor [2016] NSWLEC 1502 Hearing dates:28 October 2016Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction:Class 2Before: Galwey AC Decision: The application is upheld. See orders at paragraph 12. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); sunlight; obstruction has not become more severe since applicants purchased their property; damage; roots; tree removal ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category:Principal judgmentParties: Noel Blue (First Applicant) Kym Blue (Second Applicant) Jenny Glover (First Respondent) Anthony Glover (Second Respondent) Representation: Noel and Kym Blue, litigants in person (Applicants) Jenny and Anthony Glover, litigants in person (Respondents) File Number(s):198336 of 2016JudgmentBackground Mr and Mrs Blue (‘the applicants’) have owned and lived at their Glenhaven property since 2011. When they purchased their property a row of Leighton Green Cypress trees on a neighbouring was already at roof height of their double-storey dwelling. Mr and Mrs Glover (‘the respondents’) have owned the neighbouring property since 2003. The Blues first raised concerns about the trees’ proximity to their dwelling with the Glovers in 2012, in particular about branches rubbing against their dwelling and leaves in their gutters. They have pruned the trees at their own expense and replaced their gutters. In 2015 Mrs Blue tripped on uneven pavers on the narrow path between their dwelling and the trees. The Blues have removed some pavers and found large roots from the cypress trees beneath. Their property insurer has...