Langdon v Byok

[2007] NSWLEC 554

Land and Environment Court

of New South Wales

CITATION:

Langdon v Byok [2007] NSWLEC 554

PARTIES:

APPLICANT
L. A. and D.H. Langdon

RESPONDENT
V. and I. Byok

FILE NUMBER(S):

20544 of 2007

CORAM:

Hussey C

KEY ISSUES:

Trees (Neighbours) - Neighbour Application :- damage to sewage pipes caused by tree roots

LEGISLATION CITED:

Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING:

29/08/2007

EX TEMPORE JUDGMENT DATE:

29 August 2007

LEGAL REPRESENTATIVES:

APPLICANT
L. A. and D.H. Langdon, litigants in person

RESPONDENT
I. Byok, litigant in person

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Hussey C

29 August 2007

20544 of 2007 L. A. and D.H. Langdon v V. and I. Byok

This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

1 This matter involves an application pursuant to s 7 of the Trees (Disputes BetweenNeighbours) Act 2006 (the Act). The application is made by Mr & Mrs Langdon, who reside at 48 Hollywood Crescent, Willoughby concerning a tree on the adjoining property (No 46) owned by Mr & Mrs Byok.

2 The tree, which is the subject of this application has been identified as a Fiddlewood tree (tree) and it is located in the rear yard of No 46 adjacent to the sewer main and sewer service.

3 The applicants claim that the roots from this tree entered and caused damage to their sewer service line necessitating excavation and repair by a licensed plumber. The cost of carrying out this repair work was $5148.

4 As the plumber considered the damage was caused by this tree, the applicants claim part of the costs for the repair work. The amount initially claimed is $2000.

5 Mr Byok was made aware of the damage and the necessary repair work to the sewer service line. He acknowledged that it was most likely that the roots from the subject tree and caused the damage. Accordingly, he indicated his willingness to pay part of the repair cost but considered the initial quotation of $5148 excessive, based on his experience with plumber's doing similar work on his property. He indicated his initial agreement to pay $1500 towards the repair costs.

6 Both parties requested consideration to be given to the removal of this tree so as to avoid further damage to the sewer main and other service lines in the future.

Conclusions

7 Having considered the evidence and inspected the properties in the company of the parties, I am satisfied from observations that there are obvious exposed roots from the subject tree that have been cut in order to facilitate the sewer repairs. Accordingly, I am satisfied that the subject tree has caused damage to Mr & Mrs Langdon’s sewer line, as observed by the plumber.

8 However, there was no compelling evidence, which would warrant the removal of this tree at this stage. Apparently there are other sewer service and pipe-lines in the vicinity of this tree which have not experienced damage. Therefore the roots pruning undertaken as part of the repair work, together with the replacement sewer line, being of a sealed PVC type specification should ensure that no further damage occurs within the foreseeable future.

9 The parties have undertaken further discussions regarding the apportionment of costs to repair the damage and agree that Mr Byok is pay $1800.

10 I am satisfied that this agreement is reasonable in the circumstances of this case and that a period of 30 days be allowed for such payment.

11 However, in determining this matter I note that it is advisable where cost claims are made, that several quotations be obtained to allow the determination of the reasonable costs of undertaking repair work to then enable reasonable apportionment of the costs. This is should avoid the situation that arose in this case where some doubts were expressed about the total costs of the repair works, based on the single quote.

Court Orders

1. Mr Byok is to pay Mr & Mrs Langdon the sum of $1800 within a period of 30 days, as a contribution towards tree root damage to the applicant’s sewer line.

___________________

R Hussey
Commissioner of the Court
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