By ALESHA CAPONE
A SIMPLE garden hedge is the root cause of an expensive court battle between two Williamston neighbours.
The case – which adds credence to the maxim ‘from little things, big things grow’ – was heard at the County Court of Victoria recently.
Three male relatives took the owners of their neighbouring property to court after a five-year fight over 29 Bhutan cypress trees – which grew into a hedge after being planted during 2000.
The male relatives claimed the cypress tree roots had damaged their four unit development, which was their “retirement investment”.
After a nine-day hearing, County Court Judge Anderson ordered the trees be removed.
He also awarded the male relatives more than $83,000 in damages to help repair their property.
Judge Anderson said damage to their units only became noticeable seven years after the 29 trees were planted.
“From about mid-2007, the tenants in units three and four complained of cracking and other faults which indicated that the buildings had moved,” he said.
“The cause of the movement has been the principal dispute between the parties.”
Thirteen expert witnesses gave evidence at the trial.
Some said the cypress tree roots had “drawn moisture from the reactive soils under the slabs” of the neighbour’s units.
Judge Anderson agreed this caused the units to develop cracks and to sink into the ground.
The judge said the neighbours failed to install a root barrier and to take other preventative measures at their property, after becoming aware of the risk the trees posed around May 2007.
Judge Anderson also found errors within an engineer’s report and an inspection by a building surveyor which contributed to the problem.
The judge said most neighbours who resorted to the courts to solve fights rarely ended up with an agreeable outcome.
“Disputes between neighbours can escalate from small beginnings,” he said.
“Recourse to the courts might bring resolution but usually the cost is high and often there is little satisfaction with the result.”
