Easement, electricity wires and trees

Discussion in 'Legal Issues' started by Buynow, 1st Dec, 2020.

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  1. Buynow

    Buynow Well-Known Member

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    22nd Oct, 2018
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    Location:
    Sydney
    Just bought a new PPOR in Sydney. My house sits behind two other houses which are at street level. There is an easement in my favour that allows me to use a strip of land of one of the houses (house 1) above me to run electricity, water telephone etc to my house. There are electricity poles on this strip of land that hold the electricity wires delivering electricity to my house. This strip of land of house 1 is on the boundary of the other house above me (house 2).

    The website of Ausgrid states that “Land owners are responsible for keeping trees on their property safely clear from wires that connect to homes and property, including private mains.”

    The poles and wires are mine but the land on which they sit is not mine. There are branches from trees located on both house 1 and house 2 that are very close to the wires.

    Which party is responsible for the cost of pruning these branches?

    Do I have a right to prune the branches at my own cost? (Easement allows access to the strip of land)

    Which party is liable if a branch falls off a tree and damages the wires or poles?
     
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  2. lixas4

    lixas4 Well-Known Member

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    Location:
    Melbourne
    Some great questions in this post, i am interested in the answers as well. I think one of the McAndrews is a property lawyer? @JDM
     
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  3. bmc

    bmc Well-Known Member

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    NSW Conveyancing Act 1919 Schedule 8

    seems like you have the right to maintain, but i put out a second call for a property lawyer to interpret the terms and the procedure to inform the neighbour
     
    Last edited: 11th Dec, 2020
    lixas4 and Scott No Mates like this.
  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Location:
    Sydney
    Ausgrid say :

    If you are unsure and would like us to assess a tree growing close to powerlines, please report it and we will send someone to inspect and advise what should be done and by whom.
    They dont allow private individuals to trim trees near network assets and expect licensed contractors only perform the service. In Sydney that is TreeServe

    Also this useful guidance
    Private poles - Ausgrid
     
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