Following on from a thread I started on SS a while back... Short version - our IP borders a council reserve, on the reserve directly alongside our boundary is a line of tall trees. There are no trees on our property. Our drains were toast from root damage, we've excavated and replace 30 meters of drains as a direct result of infestation of roots from councils trees. I've spent the last two month sending details to Penrith council. I received their formal response today, admitting it's their trees and acknowledged some of them may be an issue so they will be removed but copping no liability AT ALL for the damage to our drains, stating it's our responsibility to keep the drains maintained. I've been reading the Trees Act, and buy the looks of things, if it was a private property next door, or "crown" land, then we'd have a good chance of a court order to pay some of the repair bill at least, but the Act specifically states that it does not apply to council land. Does anyone know if there is any precedent of a win against a council for root damage? Or if there is another Act that covers council trees? Seems a bit unfair that Joe Bloggs can get sued by their neighbor for tree damage but the council can do as they please? I don't want to start throwing good money after bad engaging a law firm if there's no chance at all, but if anyone knows of someone where council has paid that would give me some ammo, or if there is a separate act for damage by council property I can research that would be awesome. Here are some excerpts of their official response from today:- "we have been unable to identify any negligence by Council." "The investigation of your claim has revealed that the trees in the drainage reserve adjacent to your property are Casuarinas trees and are of fair to good health and condition. It is noted that these trees were planted by the developer of the Estate. A search of our records has revealed that Council had no prior knowledge or notifications that the drainage reserve trees roots were causing damage to your sewer pipes, prior to your notification and claim." "Trees cannot enter sewer pipes or any other underground pipe system unless there is a crack in the pipe or fault in the pipe system. Where pipes are cracked, tree roots can enter them and cause problems like those you have unfortunately experienced." "Regretfully, Council cannot be found liable for the damage to your sewer pipes as we were unaware of the damage being caused. We are responding to your recent notification and although the trees are of fair health, we have chosen to remove or trim several trees to prevent any further damage." Thanks.