West Launceston neighbours dispute over tall trees dismissed by tribunal

A neighbour’s complaint about trees obstructing his ‘view and enjoyment’ has been heard by TASCAT, with a tribunal member concerned about one party’s bald assertions. The finding.

TASCAT hears case between neighbours. Picture: iStock

A neighbourly dispute over ‘blocking’ trees reached the state’s civil and administrative tribunal, with the tribunal member deciding to save the trees.

Tasmanian Civil & Administrative Tribunal (TASCAT) member Samuel Thompson dismissed an application by West Launceston man Robert John Enkelaar for the removal of shared boundary trees and their future trimming.

Overhanging trees generic.

Mr Enkelaar took legal action against his neighbour Melissa McCord regarding the trees on Ms McCord’s property that overhang onto his land.

In the decision handed down by Mr Thompson, Mr Enkelaar states the lack of maintenance of these evergreen trees “ substantially inhibit [his] view and enjoyment”.

“According to the applicant, the trees block out his sunlight and view, particularly in winter,” Mr Thompson wrote in his decision.

“He says that the trees ‘are enormous and substantially exceed 2.5 metres in height’ and cause his ‘view and sunlight to be severely obstructed’.”

Mr Enkelaar gave Ms McCord notice in February last year to the trees, following which she said she would trim the branches but nothing more.

Overhanging trees generic.

Ms McCord also opposes the order.

Acknowledging relations between both neighbours had been “far from cordial”, Mr Thompson said that Mr Enkelaar could not prove the overhanging interfered substantially with his view.

“However, I cannot find that the applicant’s property is affected land,” Mr Thompson said.

“The principal reason is that, with the greatest of respect, the applicant’s case is very thin and largely relies on bald assertion.

“I am not satisfied that, on these facts, the overhanging justifies removing the trees whose branches overhang the applicant’s property.”

Mr Thompson dismissed the application and ordered any application for costs be served within 21 days.

Originally published as West Launceston neighbours dispute over tall trees dismissed by tribunal