Anyone successfully got council to pay for tree root damage to drains in NSW?

Discussion in 'Legal Issues' started by Propagate, 25th Jun, 2015.

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  1. bob shovel

    bob shovel Well-Known Member

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    Wow your intro it! Give em hell

    For the sewer to be relined they would have at least one cctv video of the line.
    I have done relining for Sydney water. The way they pick lines is either through a line that has had a number of calls regarding blockages or over flows, thus flags up the line (line is the asset which is man hole to man hole)
    They also give out packages of sewer lines for contractors to cctv and asses, it's given a score rating on condition then repaired as required.
    Then before the relining is under taken they will cctv to check again before work begins.
    So Sydney water will have info (should have if not lost) so you'll need to get ahold of the right person to review the info. They may not want to get involved with court cases and your head aches so may try to avoid you. You need to get the right person basically
     
  2. Propagate

    Propagate Well-Known Member

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    Thanks Bob. I'n not holding much hope for good info from Sydney Water, but I would be over the moon if I could get something from them that says when it was relined, and why.

    Google Earth has historic imagery now, I've flicked back through the years and there's a whole line of trees that dissapeared in 2011 further down the same reserve, in the same exact location relative to houses as hours. I reckon that will be a great plus in the constructive knowledge argument, especially if I can find out from the parks department why they were removed.
     
  3. bob shovel

    bob shovel Well-Known Member

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    I'll see if i can find my old stuff or the name of the guy running it at syd water
     
  4. Propagate

    Propagate Well-Known Member

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    Thanks Bob.
     
  5. WestOz

    WestOz Well-Known Member

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    Interesting topic!
    Duplex IP I just picked up, sewer runs along side boundary servicing residential both sides of fence, other side neighbors have mature Brazilian Pepper & Mulberry trees (~2.5mtrs).

    3 days after settlement tenant of 10yrs calls advising all plumbing is backing up (loo, shower, sinks etc) advises its been an issue every ~6mths (was Agent PM, I SM).

    After eventually tracking down an urgent available plumber turns out he knows the property very well, looked after it the last 9yrs, through light hearted convo I say "guess you've always been told to band-aid it?" Umm's & Arrs and diplomatically says "well I really can't say but...", runs down and gives it the usual quick plunge for tenant but advises sticking a camera up there and providing a full written report with images would be a good idea, I agree.

    Whilst no guarantee its the trees something isn't right, see what report shows, potential frustrating/time consuming considerations/options from there...
     
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  6. bob shovel

    bob shovel Well-Known Member

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    Have you got council or water corp involved yet? or is it within strata??
     
  7. Propagate

    Propagate Well-Known Member

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    A quick update, I have found a few things out the last day or two which are, frankly, awesome. I'm just drafting up another response to council & their soli mob. I'm going back after the full amount again based on the info I now have to hand, (nothing from Syd Water, they did confirm they relined in 2001 but did not have on record as to why).

    I'll update the thread when I get another response.

    Cheers.
     
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  8. WestOz

    WestOz Well-Known Member

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    "awesome" sounds good Prop, fingers x'd for ya
    If referring to me (guess u r with "water corp") no not yet, waiting for report from plumber before making accusations, my awesome conveyancer is also waiting.
    All I do know at present is there's an issue the previous owners perhaps should have been aware of (perhaps they were), agent perhaps should have disclosed.

    Until the cam is done & I get a report for all I know a kid may have flushed something, feminine products etc etc etc

    Regardless Brazilian Pepper & Mulberry are very invasive, even if not an issue at present it needs to be communicated/documented to relevant parties in-case it becomes one down the track.

    No strata, just a single title block with 2 units (duplex).
     
  9. aussieB

    aussieB Well-Known Member

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    I like a good fight :) Good luck
    I was about to post this. They have had it for a while. Now, I am curious to know if google earth provides a service which can list what has changed historically ? I am writing to the google devs for this. So in case you have to present the changes as an evidence or whatever, you don't have to rely on human intelligence. May be another maps organization provides this ? And just FYI, Earth Pro is now free and available for general public
     
  10. WestOz

    WestOz Well-Known Member

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    I'm guessing you mean show rather than list, as in historic images replaced by updated ones, that would be awesome for many global reasons.
     
  11. aussieB

    aussieB Well-Known Member

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    Yup. But I am thinking listing for some of the objects shouldn't be too difficult either. I quickly googled and google 4d does actually show historically changed images in a timeline. For eg., the big wheel in London or the clock big ben (?). If you can configure it correctly, it will show that wheel spinning and clock ticking, historically ! I dont have the time for it now, but I will try it out in a while.
     
  12. kasumi

    kasumi New Member

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  13. Renoready

    Renoready New Member

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    I am located within the Brisbane City Council. Does anyone know if such a case have relevance in my area. A council tree on the footpath has damaged our house. The roots have caused damage to the external bricks of the house and roof. The council have already paid for the driveway which cracked and lifted but said they would not remove the tree.

    I am wondering what the chance are for damage repairs. The tree is a Poinciana and while not confirmed by a builder the cracks even extended to the concrete beyond the driveway into the ground concrete floor and several metres past the house.
     
  14. bob shovel

    bob shovel Well-Known Member

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    They are a known trouble tree.
    An arborist report may be best as the tree is there and they'll be able to dig and check root size.
    They also will have other articles and reports of the damages caused by such a tree.
     
  15. LLance

    LLance Member

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    Interesting read. Keenly waiting on the next update.
     
  16. Jony Wen

    Jony Wen New Member

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    I currently have an issue with city council's gum tree on the nature strip. It has grown really big too. The roots have entered our block. The geotech engineer has advised to have the tree removed.

    Luckily I still have the pictures when we moved in to the property, and the tree was planted 8 months after that. Within 6 years, the tree has grown massively and has absorbed all the moisture of my front yard.

    I am now gaining neighbours' signatures to city council addressing our concern about the trees. The tree should not be planted according to the nature of gum tree. Because the distance is only less than 6 metres away from our property.
     
  17. hematite

    hematite Well-Known Member

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    Propagate - How did you go in the end?
     
  18. Propagate

    Propagate Well-Known Member

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    I had letter dropped and got in touch with some of the neighbors, one had already taken a similar fight to council years ago about tree damage. I thought that was my "smoking gun" as it proved they had prior knowledge, proving they were then negligent in not doing anything about it. They're lawyers took a while to come back to me after I sent them that and basically just said tough, we're not talking to you anymore, if you want to persue this still then feel free to engage a lawyer. So, I knew I had very strong case but to be honest, the cost of fighting it and dragging out out for however long just seemed all a bit too hard (which is what they rely on I guess). My costs to rectify ended up at $6k but I could easily have doubled that trying to fight them so I just let it go in the end. If I'd been a lot more flush and in the same state I would have really liked to have gone after it, but realistically it would have been a massive headache and could easily have ended up costing me a lot more.
     
  19. jbella459

    jbella459 New Member

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    My name is Jack and I have had an identical problem in my owner/occupied home in Penrith purchased in 2016. Low and behold i was amazed when this thread was the first link to appear on a google search. I have PM'ed you to see if you could let me know a bit more about your correspondence with Penrith council. I am considering taking this further than your commendable efforts given that I have the luxury of living here and your assistance would greatly help.

    Kind regards

    -Jack
     
  20. Propagate

    Propagate Well-Known Member

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    Hi Jack, I PM'd you back - did you not receive it? Good luck with it, let us know how you get on! @jbella459