Gardens & Trees — Who's Responsible?

Townhouse schemes typically have actual gardens — common gardens, private gardens inside courtyards, and trees of various sizes. Apartment buildings rarely have any of this. The basic rule is simple: if it's growing on common property, it's the owners corporation's. If it's growing inside your lot, it's yours. But there are some surprises with mature trees and overhanging branches.

What we're talking about

In a townhouse scheme this covers:

• Common gardens around buildings and along driveways
• Lawns on common property
• Private gardens inside individual courtyards
• Trees of all sizes — small ornamental, mature shade trees, eucalypts
• Overhanging branches between lots, or onto common property
• Trees on the boundary that affect both the scheme and the neighbour next door

Typical position

Grey areas and common disputes

Trees on common property causing damage to a lot

This is one of the most common disputes. A large gum tree on common property drops a branch on a townhouse roof, or its roots crack a courtyard. The general position:

• The OC is responsible for maintaining the tree (pruning, removal if dangerous)
• Whether the OC is also responsible for damage the tree causes to a lot depends on the facts — including what the OC knew and what it did about it
• If the owner reported the tree as a concern and the OC failed to act, the OC's exposure is much higher

This is why arborist reports matter. A committee that has had its trees inspected and acted on the recommendations is in a far better position than one that ignored a visibly diseased tree.

Roots in pipes and driveways

Tree roots get into sewer lines and crack driveways. The cost of clearing roots out of a sewer is normally borne by whoever owns the pipe (lot or OC), but if a common-property tree caused the damage, the OC may need to deal with the root cause as well as the symptom. Same with driveways — see Driveways & paths.

Owner-planted trees that are now too big

A previous owner planted a sapling 20 years ago. It's now a 12-metre tree pressing against a building. The owner of that lot today is generally responsible for the consequences — even though they didn't plant it. If the tree needs to come out, the cost falls on the lot, not the OC.

Trees on the boundary with the neighbour next door

If a tree on the neighbour's land is causing damage to the scheme, or a scheme tree is affecting the neighbour, let the strata manager deal with it on the owners corporation's behalf — owners shouldn't be negotiating directly. We'll start with a conversation and explain the formal options if that doesn't work.

Overhanging branches

If a branch from a common-property tree overhangs into a lot, the OC should prune it. If a branch from a lot owner's tree overhangs onto common property or into another lot, the owner of the tree should prune. Cutting branches yourself without talking to us first tends to make disputes worse, not better.

Council tree preservation orders

Many councils have rules about removing or pruning trees. Even when the OC or owner is responsible for a tree, you may need council approval first. Always check with the local council before any significant tree comes down.