Who is Responsible for tree roots in your drains?
This is an oft-debated question. Is it the owner or the neighbour? According to law, it’s always the responsibility of the property owner.
Once it’s confirmed that your neighbour’s tree has blocked drains, approach them. If you have an amicable relationship with the person next door, you can sort out the issue in a jiffy.
They must pay for the damages caused to you.
Who’s accountable for this loss?
However, do not worry if your neighbour is a tough nut to crack. You can always approach the law to resolve such disputes. You may wonder if the law has time for tree-related disputes. The answer is yes. No issue is trivial in the eyes of the law.
The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 comes to your rescue. It’s not restricted to branches overgrowth or the external part of a tree causing hindrance. Roots causing damage also fall under this category.
Law to your rescue
However, do not worry if your neighbour is a tough nut to crack. You can always approach the law to resolve such disputes. You may wonder if the law has time for tree-related disputes. The answer is yes. No issue is trivial in the eyes of the law.
The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 is meant for that. It’s not restricted to branches overgrowth or the external part of a tree causing hindrance. Roots causing damage also fall under this category.
QCAT
Brisbane locals can also approach the Queensland Civil and Administrative Tribunal (QCAT). You can legally resolve the matter. Blocked sewer pipes are a serious issue and causes great loss. The owner should pay for the damages or get it repaired at the earliest. If you are not aware of the registered owner, you can gather the information using the Land Title Act 1994.
You can send them a legal notice. If they still don’t comply, the QCAT will intervene and pass an order accordingly. It can vary from paying for the damages to complete removal of the tree itself. If your neighbour stays put, they can face up to a fine of $100,000.
Precautionary measures
They say prevention is better than cure. It applies to trees as well. Consider before planting trees in your backyard or lawn. You can discuss with the local botanist or nursery and can even take your neighbour along. It will be mutually helpful and can avoid future disputes. It’s always better to go for garden plants and grasses. Their fibrous roots are less likely to cause blocked drainage problems.
Plant more of Tulipwood, Native Gardenia or Lemon Myrtle. They have non-invasive roots. Avoid Figs, Paperbarks and Bottlebrushes. Also, ensure that they are not too close to the sewer pipes. If you love planting a lot, make sure you are aware of the drainage plan of your house. Plan and plant accordingly. Investing in root barriers is also a wise option. It can save you many a dollar, as fixing root issues are quite expensive.
Staying on good terms with neighbours always helps when there is a disagreement. It saves you time, effort and money. There’s also no added stress. However, if the easier option fails, you can always turn to the law for help.
At Capital Plumbing, we have over 19 years of experience in the industry. Our team consists of licensed and thoroughly trained emergency plumbers Gold Coast who are more than willing and capable of helping you find the right solution to your problem.
We’re available 24/7 and pride ourselves on offering reliable services carried out with the utmost respect. Our plumbing experts always arrive time and make sure your home is clean before leaving.
