Launceston neighbour pittosporum tree root dispute decided by TASCAT

According to documents published by the Tasmanian Civil and Administrative Tribunal (TASCAT) the argument had its origins in March 2022.

Then, Summerhill resident Joanne Ryan said she caught her foot on a raised paver and fell, injuring herself and breaking her leaf blower.

Ms Ryan said the damage to the paved area was caused by the roots of two pittosporum trees growing on neighbour Margaret Chenery's property.

The trees, which were removed in 2022, had stood on Ms Chenery's property for at least 40 years.

Ms Ryan sought $6209 to cover work to remove the roots and relay the pavers under the Neighbourhood Disputes About Plants Act 2017.

This states property owners are liable if plants growing on their property cause injury or damage beyond the property boundaries.

After hearing the evidence brought by an arborist and a civil engineer - who both said the roots could be a factor, however it was likely numerous factors were at play according to the engineer - tribunal member Peter Jans dismissed the appeal.

Mr Jans said based on the evidence presented it was difficult to say whether or not the tree roots, or another factor like the underlying clay subsoil, had led to the paving issues.

"I was not satisfied the evidence established that the plants caused serious damage to the affected land or any property on the affected land," he said.

"Nor that there is a substantial, ongoing and unreasonable interference with the use of the affected land."