Tree Law! Fencers cut significant structural roots posing major risk to kindergarten
A new fence has recently been installed between my property and a council owned kindergarten. The fencing contractor has completely severed significant structural roots on two very large blue gum trees near the trunk. These trees are on my side. A qualified consulting arborist has recommended the trees be removed due to structural instability as well as potential for infection given the size of the wounds. They are also on a heavy lean toward the kindergarten and would absolutely destroy this building.
These trees mean a lot to us and my wife and I are are pretty devastated. Im 33 and have lived in the house my entire life. Theyre massive, old, beautiful, home to possums, tawny frogmouths, bats. I work as a climbing arborist and have cared for, maintained, and climbed these trees for as long as i can remember. This side of the tree industry isnt my forte, but as an arborist I have half an idea about these things and the amenity value of these tree would be signifcant.
I let the fencing contractor know, his reponse was "I dont know what to say mate". I let council know that they pose a significant threat to their property and their response was essentially "your trees your problem". I said that we didnt have the financial means to remove these trees in the near future, and they doubled down and said that because i was an arborist and have recognised the seriousness of the issue that i would be responsible for any damage if they fell.
I dont think that I want to go down the route of suing for amenity value but i certainly dont want to pay for the cost of removal. The odds of them falling tomorrow are incredibly low, but they need to be removed asap. I plan on letting the kinder teachers know tomorrow morning. Ill be getting a quote for removal tomorrow as well.
Im sure the contractor has breached duty of care and so is probably ultimately liable, although unlikely to pay up in the near future. My argument to council tomorrow will be that they have the financial and practical means to remove the trees asap. Although the the tree is on my side, the buttressing and roots that have been cut are above ground and on their side too which also comprises the trunk??? Surely they have some responsibility as well, particularly given that the damage was caused by construction if a shared boundary.
I suppose im just looking for insight/advice/support from anyone with experiecne with councils or tree law. Also just a vent cos Im feeling powerless, confused, sad and worried that my trees may squish a bunch of kinder kids.