Senario ;
Property A has owned driveway and area for 6 years.
Property B has ROA along driveway to access their house and bought 3 years ago. Previous owner subdivided both A and B properties and both A and previous owner sharde maintenance of driveway etc.
A maintains and clears driveway for access, but does not live at property which is a paddock.
B uses driveway daily and has overhead powerlines which go over A to service their house.
B has demanded A cut trees that are now encroaching into powerlines.
A has said B has a duty of care and really should have been keeping trees trimmed as they were not in the lines for many years before A purchased property and as A maintains the driveway itself and does not have daily use of said driveway B cannot just sit there watching trees grow and not be proactive in ensuring lines are free of vegetation. A has always allowed B permission to cut trees if they wish and also offered to lay under ground wires 3 years ago as paddock is getting subdivided again. B declined offer.
Who is responsible for what? Trees were on property prior to A or B purchasing properties and so the issue is who should pay to cut the trees?
Thanks
Property A has owned driveway and area for 6 years.
Property B has ROA along driveway to access their house and bought 3 years ago. Previous owner subdivided both A and B properties and both A and previous owner sharde maintenance of driveway etc.
A maintains and clears driveway for access, but does not live at property which is a paddock.
B uses driveway daily and has overhead powerlines which go over A to service their house.
B has demanded A cut trees that are now encroaching into powerlines.
A has said B has a duty of care and really should have been keeping trees trimmed as they were not in the lines for many years before A purchased property and as A maintains the driveway itself and does not have daily use of said driveway B cannot just sit there watching trees grow and not be proactive in ensuring lines are free of vegetation. A has always allowed B permission to cut trees if they wish and also offered to lay under ground wires 3 years ago as paddock is getting subdivided again. B declined offer.
Who is responsible for what? Trees were on property prior to A or B purchasing properties and so the issue is who should pay to cut the trees?
Thanks
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