Are you tired of leaves, nuts, or fruit falling on your roof? Concerned about a large or dangerous tree hanging over your property? Maybe you simply want to trim a hedge along a fence line but aren’t sure if it’s allowed. Let’s take a closer at strata landscaping and tree management in Sydney.
Trees, Neighbours & Shared Property
The presence of trees, bushes, and hedges can create uncertainty when living in a NSW strata scheme. It is a common source of disputes among neighbours in various types of properties, and the situation can be even more complicated when it involves shared property.
Determining who is responsible for maintaining vegetation on a strata property is not a one-size-fits-all answer. The first point of reference should be your strata title, which will indicate whether the tree, bush, or hedge in question is your individual responsibility or falls under the common property. Each strata scheme has a strata plan outlining what is included in common property and individual lots.
What constitutes common property in a strata title?
According to NSW strata laws, common property refers to the areas that are collectively the responsibility of the owners corporation, rather than any individual owner. If the base of the tree, bush, or hedge is on common property, the owners corporation is responsible for its management. If it is on your lot, you are responsible for trimming or maintaining it. If it is on another owner’s lot, the responsibility lies with them.
Can I trim overhanging branches that extend into my lot?
In general, yes. However, there are several factors to consider. First, it’s crucial to check if the tree is protected by a preservation order. Additionally, take care not to cause unnecessary damage to the tree and only cut branches or roots back to your boundary line, not beyond.
If you need to trim a significant number of branches or vegetation, it is advisable to consult with the owners corporation or your neighbor first and agree on a plan of action. This proactive approach can help prevent future issues or disagreements.
The trimming of trees, hedges, and bushes can be a surprisingly complex issue, but effective communication can make it more straightforward. Don’t hesitate to seek clarification from your strata manager regarding your strata plan and common property.
When in doubt, reach out to our team for assistance. We can help you navigate council regulations and work with your strata managers to develop a tree management plan, ensuring your strata property remains in excellent condition.
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