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Resolving Tree & Root Disputes:
Protecting Homeowners from Property Damage

As a homeowner, dealing with property damage caused by trees and tree roots can be both frustrating and costly. Tree roots can damage your home’s foundations, walls, and plumbing, creating expensive repairs that many homeowners may not expect. If these trees are on council land or your neighbor’s property, it becomes a legal issue that requires expert intervention.

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At Olivine Lawyers, we specialise in helping homeowners resolve tree-related disputes, ensuring they are compensated for damages caused by trees and roots that affect their homes. Having successfully represented homeowners against councils, we understand the complexities of this niche area of law and are here to help you.

Understanding the Impact of Tree Roots on Your Property

Tree roots, particularly from large trees, can cause substantial damage to homes. Root systems can infiltrate foundations, crack driveways, and damage underground plumbing. If you notice any of the following, your property may be at risk:

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  • Cracked foundations or walls
     

  • Blocked or damaged plumbing
     

  • Lifted or cracked driveways
     

  • Subsidence or sinking around your home
     

These issues may not only result in costly repairs but can also decrease your property’s value. Acting quickly is crucial to mitigate further damage.

Who Is Responsible?

When the trees causing the damage are located on public or council-owned land, determining responsibility can be complicated. Many councils have policies regarding tree management, but these policies are not always enforced effectively. As a homeowner, you have the right to seek compensation if negligence or improper tree management by the council has caused damage to your property.

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We have successfully taken councils to court on behalf of homeowners, recovering costs for damages caused by poorly managed trees and root systems. These legal victories ensure that councils are held accountable and that homeowners like you are not left to bear the financial burden alone.

What Legal Options Do You Have?

If tree roots from council-owned land or neighboring properties have damaged your home, you may be entitled to compensation. At Olivine Lawyers, we can help you:

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  1. Assess the damage – We’ll work with experts to determine the extent of the damage to your property.
     

  2. Identify the responsible party – Whether the council or a neighbor, we will investigate to find the liable party.
     

  3. Pursue legal action – If necessary, we will take legal action to recover the costs of repairing your home.
     

  4. Negotiate a resolution – In many cases, disputes can be resolved without going to court. We’ll help negotiate a fair outcome for you.

Why Choose Us?

We are one of only a handful of Melbourne Law Firms to be recognised by the Law Institute of Victoria as a Specialist Firm. Our Principal Christian Marcus is one of only 38 Accredited Specialist Solicitors in Commercial Litigation in Victoria.

 

With over 15 years experience, we have successfully represented numerous homeowners in tree root damage cases. Our understanding of property law, council policies, and tree-related disputes allows us to provide expert legal advice and representation.

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We’ve won compensation for our clients, for damages caused by external factors outside their control. If you’re dealing with property damage from trees or tree roots, we’re here to fight for your rights and protect your investment.

Contact Us Today

If your property has been damaged by tree roots or you’re concerned about potential damage, don’t hesitate to reach out. Our team is ready to assist you, whether through negotiation or legal action, to ensure that you receive the compensation you deserve.

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Contact us today for a free consultation.

Get in Touch

We understand that legal issues can be extremely time sensitive, and delays can put your case at risk.

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We'll ensure a lawyer will get back to you within 24 hours, if not sooner.

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For even faster response time, call us now: 

 

03 9111 9908

Thank you! We'll get back to you within 24 hours.

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