Keir v Olson

Land and Environment Court New South Wales Medium Neutral Citation: Keir v Olson & ors [2014] NSWLEC 1245 Hearing dates:28 August 2014 23 October 2014Decision date: 02 December 2014 Jurisdiction:Class 2Before: Galwey AC Decision: The application is upheld. See orders at paragraph 25. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage; injury; orders for tree removal, fence replacement and planting a replacement tree. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Category:Principal judgmentParties: Julie Keir (Applicant) Erin Olson (First Respondent) Samantha Olson (Second Respondent) Phillipa Howse (Third Respondent) Representation: Julie Keir, litigant in person (Applicant) Samantha Olson, litigant in person (First and Second Respondents) Phillipa Howse, litigant in person (Third Respondent) File Number(s):20329 of 2014 JudgmentThe applicationA large Eucalypt grows in the small rear garden of a Rozelle property, close to the rear northern boundary. The tree's broad crown overhangs several adjoining properties. Ms Keir ("the applicant") owns the property to the north of the tree, sharing the common boundary next to which the tree grows. At its base the stem of the tree is only a metre or so from the wall of Ms Keir's dwelling. Limbs are close to parts of her roof, but of even greater concern to Ms Keir is the tree's history of dropping limbs. She says these are likely to cause damage to her dwelling, or injury to herself or anyone beneath the tree's crown. The tree's stem pushes against the boundary fence. Ms Keir alleges the tree's...