Tree in private lot

Hi all.

We are self managed strata of unit of 3.

Unit 1 has own private garden(private lot) and has a tree. This tree's roots grew into our drains(common property), and had plumbing job recently. Who is responsible to pay in this case, unit1 owner or our strata scheme?

If anyone could help us to give a clear answer, much appreciated.

Looking forward to hearing from anyone.

Regards

Strata secretary

 

Are you sure the drain is common vs someone's ?

There's a tip written on this already here - Tenancy Tip Thursday - Strata / Community title but may vary a little between states.

 

Hi D.T.

The drain is common property and tree belongs to private lot unit 1.

Thanks

 

Treat the tree the same as you would with a neighbour - the neighbour's tree root is affecting common property and should be held liable for any damage.

 

Assuming you are in NSW, the OC will pay the bill and, in the unlikely event that it is economical, pursue the owner for the amount paid, plus costs.

If, relatively speaking, it's trivial, forget it and move on.