Tree roots uprooting garage, legalities?

Discussion in 'Legal Issues' started by TMNT, 12th Sep, 2018.

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  1. TMNT

    TMNT Well-Known Member

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    One of my ips the garage brick wall. Is cracking and bulging due to a huge tree next to the fence on their side.

    What's the legalities behind this as a bulging garage brick wall is quite a serious issue?
     
    TMNT, 12th Sep, 2018
    #1
  2. Stoffo

    Stoffo Well-Known Member

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    Stoffo, 12th Sep, 2018
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    willair likes this.
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    What came first? The tree or the garage?
     
    Scott No Mates, 12th Sep, 2018
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  4. hematite

    hematite Well-Known Member

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    hematite, 12th Sep, 2018
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  5. Paul@PAS

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

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    Each state has a Neighbouring Trees Act. Seek legal advice on its application. If the tree was planted some time ago it may limit any claim.

    The next obvious matter is that insurance does not cover such issues. The property owner/s may need to pay the cost. The wall repair may be deductible unless the garage is replaced. If the fence section is replaced that should be deductible. If the garage is replaced a QS report specific to that garage (only) may assist to identify a scrapping value BEFORE work commences. Generally a existing QS report would have combined the house and garage building works for Div 43 into one amount so a scrapping report is needed to split it out.
     
    Paul@PAS, 13th Sep, 2018
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