Question: Our lot’s previous owners cut down trees but left the stumps. Who is responsible for the cost of removing the trees’ roots that are causing damage to exclusive use areas?
Our townhouse complex had three large trees removed by the previous owners, leaving the stumps behind. Over time, bushes grew from the stumps. When we purchased our unit in 2021, we were unaware these bushes were trees. During heavy rain in 2022, an exclusive use area flooded due to an overflowing stormwater drainpipe. We discovered the roots from these trees had grown under the slab and caused significant cracks in the pathway.
Other owners in the complex are experiencing similar issues. I’ve requested the body corporate hire a plumber to address the root problem, but my request has fallen on deaf ears. I don’t know if the developer ever submitted a landscaping plan for the complex. Who is responsible for the cost of removing these roots?
Answer: While you may not have planted the trees, you are likely to be responsible for them if they are on land you own or control.
Without looking at all the documentation, we can’t say who is responsible with any certainty but, generally, trees are the responsibility of the person or entity whose land they are on.
Your comment doesn’t say exactly, but it sounds like they are in a courtyard that either belongs to you or you have exclusive use. If so, it seems likely they are your responsibility.
Still, you might consider whether there are any caveats to this – is there a by-law that defines the responsibility or anything on the plans?
When you say your requests to the body corporate have fallen on deaf ears, I wonder what you mean. Is it that they haven’t responded or have responded with an answer you don’t like?
Generally, it should be straightforward for a manager to confirm the responsibility for trees concerning the documentation for the scheme. We don’t have access to the documentation here, but the government website discussing the responsibility for trees is a good resource and worth checking out: Your responsibilities as a tree-keeper
Lastly, from the perspective of responding to the question, it was good to have historical information about the issue. However, it doesn’t change the outcome from a determination of responsibility perspective. When you purchase a lot, you purchase it in its entirety, including any baggage that comes with its past. Caveat emptor – buyer beware – is the overriding rule, so while you may not have planted the trees, you are likely to be responsible for them if they are on land you own or control.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924