Tziotis & anor v Tetoros & anor [2013] NSWLEC 1247

Land and Environment Court New South Wales

Medium Neutral Citation: Tziotis & anor v Tetoros & anor [2013] NSWLEC 1247 Hearing dates: 20 December 2013 Decision date: 20 December 2013 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is upheld. (2) The respondents are to remove the temporary fence along this ~10 metre section of the common boundary by 7:00 a.m. tomorrow, the 21st December, to allow subsequent works. (3) The applicants are to allow access for the works in (2) and may supervise those works if they wish. (4) By 5:00 p.m. on Monday 23rd December the applicants are to remove the remaining footing and brickwork along this ~10 metre section of the common boundary to a depth sufficient to allow a footing for a brick wall to be constructed. (5) The respondents are to allow access for the works in (4) and may supervise those works if they wish. (6) The applicants are to have this section of the common boundary professionally surveyed and are to provide a copy of the survey to the respondents within 30 days of the date of these orders and prior to the works in (9) being carried out. If the applicants have a recent survey they can use they are not required to undertake a further survey and they are to provide a copy of this to the respondents. (7) The respondents are to have the stumps of the palms adjacent to this section of the boundary ground out and remove any material from the garden bed adjacent to the boundary, sufficient to allow the wall to be built, within 30 days of the date of these orders and after the works in (4). (8) The applicants are to allow access for the works in (7) and may supervise those works if they wish. (9) The applicants are to construct, or engage and pay for a contractor to construct, a single skin brick wall supported by piers as required by current standards to a maximum height of 1.8 metres (measured above ground level on the applicants' side of the boundary) along this ~10 metre section of the common boundary, and no higher than the second-top course of bricks of the boundary brick pillar where the wall meets that pillar, within 60 days of the date of these orders and after the works in (7). (10) The respondents are to allow access for the works in (9) and may supervise those works if they wish. (11) Any temporary fence the respondents require for containing their dog until the above works are completed is to be entirely within their property and must be clear of the area of works so that works are not impeded. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage; removal of stumps; rebuilding of boundary wall Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: APPLICANTS George Tziotis Maria Tziotis