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  1. #1

    Default ROW Tree maintenance issue

    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

  2. #2
    Join Date
    Jun 2004
    Posts
    10,364

    Default

    What does the ROW agreement or easement say?
    Would come down to who owns the ROW and what the agreements say about maintenance.


 

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