Free felling - logs and branches illegally dumped on my property
My neighbour has been treefelling on his residential property in NSW
resulting in approximately 5 tonnes of wood chips and logs branches being
Illegally dumped on my property. What is the best was to rectify this?
I have contacted council epa and police just getting buck passed by all
three.
There are several ways to rectify this situation. They can be as simple as requesting, via letter, that your neighbour remove the rubbish at his or her cost. If you do not get a good response, then court action can be considered; causes of action like restitution, nuisance, and trespass might be appropriate.
Before doing that, however, I would strongly suggest that you consult with a solicitor or barrister so they are able to give you advice regarding your specific circumstances and the best way to proceed.
Disclaimer: This advice is general and is not intended to be relied upon as advice for your specific situation and circumstances. In order to provide an advice taking into account the entirety of your unique circumstances, I would strongly recommend that you seek further professional legal advice.
Suggested way forward
I would suggest you consult with a solicitor. For example, a solicitor can assist you by:
1. Making sure that the unwanted rubbish has been left on your property (including doing property searches to determine the boundaries of your property);
2. Gathering evidence of the dumping and the rubbish which has been left on the property;
3. Negotiating with the neighbour or their legal representatives; and
4. Drafting letters and court documents.
If the matter becomes a court litigated matter, a barrister will be able to assist both you and the solicitor in obtaining your desired result.
Based on the limited facts provided, this may constitute actionable trespass to land. The appropriate remedy would be damages or mandatory injunctive relief.
This is not legal advice and should not be relied on for any purpose. If you wish to engage my legal services please contact me directly.Liability limited by a scheme approved under professional standards legislation.
Suggested way forward
Draft a firmly worded letter and send it to your neighbour. If no result, consider filing in the appropriate court. This process will require a Statement of Claim be correctly drafted. If you wish to engage my legal services please contact me directly. Liability limited by a scheme approved under professional standards legislation.
Another option is retain a lawyer to put pressure on your local council because council's are notorious for ignoring these kind of complaints.
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