This article is about who pays for tree damage to stormwater pipe in Victoria.
Question: Who pays the repair costs for tree damage to a stormwater pipe?
A tree on my lot damaged the stormwater pipe that services all four lots. The pipe only runs through my property and common property. The damage occurred in the section of pipe on my lot. Who pays for the repairs to the damaged pipe? Who pays for the removal of the tree?
Answer: Ultimately, the liability rests with you as the owner of the tree to make good any damages.
Because the tree is located on your property, it is deemed to be private to you. Accordingly, if a tree forming part of your private property has damaged another person’s property or common property, you would be required to pay for the damage incurred. You will need to decide whether this is facilitated directly or through an insurance claim (subject to the insurer’s advice). Ultimately, the liability rests with you as the tree owner to make good any damages.
As the owner of the tree on your property, you are responsible for organising and paying for its removal.
Common or private drainpipes can run through land that is either private or common under easement provisions. This is a likely scenario in your situation, and it sounds like it is common property drainage if it services all the properties on the plan.
Joel Chamberlain
Horizon Strata Management Group
E: [email protected]
P: 03 9687 7788
This post appears in the September 2024 edition of The VIC Strata Magazine.
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