Major neighbour's Tree problems

The Land and Environment Court has many examples similar to yours. It usually depends on photographic evidence of the views that existed before the trees either grew taller or were planted.
You can represent yourself in these cases and if successful you can get an order for the neighbour to undertake regular pruning. Try reading a few cases to get a feel for the principles involved.

 

This sounds like pretty sensible advice.
The more you can do yourself, the better.
Doesn't have to get nasty, everyone needs to do what they're supposed to do.

 

Thanks All,
I have photo evidence.
Have taken many photos over the years.
The house with the trees was built years after mine.
When blocks in the small estate were first released they were priced according to position.
Only 3 had ocean views.
I paid considerably more for an ocean view block.
Presently I am not living in my house.
I'm having some repairs done post tenants .
I have never actually met the owner.

Soon I will be there and see if he is living back in his house.
I have lost his phone number ( previous phone problem) .
If it's rented out will ask the tenants how to contact the owner.
I want to be able to chat with him
and work something out.
He has never been easy going about the trees.
He Is annoyed with me as he sent a text some time ago complaiming about exposing his house because I removed a couple of trees from my property along my fence line .
They were growing too big and would be an ongoing problem for me!
I assume this is when he decided to plant a row of Lilly Pillys .
The tree loppers always access his trees from my yard.
I will look into the land environment court.
I know this guy has the right to plant whatever he wants .
I can't see any reason why he wants large trees so close to
His house. It's a narrow unusable back yard as the house is very close to the boundary.
I can't see why he cares if I lopp the top of his trees.
As the loppers said I am doing him a favour.
They will cover half of his roof eventually.
Cheers

 

In all seriousness, if the place is tenanted out, how would the owner know what trees have been trimmed? While OP seems very ethical, tree lopers might misunderstand which trees to cut

 

He might live nearby and drive past occasionally - plenty of investors do that. If the trees have become contentious, he might drive past more often. I reckon if anything happens to those trees without a discussion, there will be tears for Patsy.
Scott

 

You have a good point.
What's a bit of snip here and there between friends.
It will grow back.

 

Patsy's situation reminds me a bit of this case:
New Zealand court rules on fence that blocked a couple’s $1.5 million view

Even more horrifying, when I went looking for that, I found this:
HELP!! Solution for a once Beautiful Outdoor View, now Destroyed!!

 

I had the same issue with my neighbour's tree few weeks ago. Not only because it blocked our view, but also it was planted only less than 1.5 meters away from my garage slab. The height of the tree was more than 2 meters up.

The tree's roots were so close to my slab, and I freaked out. The tree was planted by the previous owner in 2012. Well, I should have said something to him when he planted that tree - but I was so naive to be an ignorance for not saying anything.

So I talked to the new owner, and convinced him that the tree roots were so close to my slab, and it would potentially cause damage to my garage wall.

He agreed, and I offered him helps to chop down the tree, cut the roots, remove the stump, and then poured herbicide around the freshly wounded roots to make sure they're dead.

In your situation, if your neighbor tree is threatening the foundation of your property or your property in general, then you have many reasons to tell your neighbor to get rid of that tree.

 

Council approval may still be required to avoid penalties

 

Dumont v Kennedy - NSW Caselaw

Barker v Kyriakides - NSW Caselaw

The above NSWLEC cases are instructive. Evidence, evidence and evidence.

 

Cut down the tree and submit it as Exhibit A.