Why did this couple take their neighbours to court over ‘sunlight’?
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Ah, the never-ending drama of neighbourhood disputes. We’ve shared many over the years, but this one is right up there among the most surprising.
Paul and Patricia Bogan, residents of Boat Harbour near Port Stephens in NSW, had a not-so-friendly feud with their neighbours over a very contentious hedge.
It all started five years ago when the Bogans built a dwelling on their property that included an upper-level verandah, which overlooked the neighbouring property.
The owners of this adjacent property, Jose and Melissa Serrao, planted a hedge of bamboo trees along their side of the common boundary, perhaps as a measure of privacy (in addition to improving aesthetics).
Little did they know that the bamboo was only the beginning.
Back on the Bogans’ side, Paul and Patricia felt like the bamboo hedge caused all sorts of problems.
According to the couple, the bamboo hedge was breaking and damaging the metal panel fence in windy weather and sending dry leaves and leaf sheaths across their land, on their shed roof, and gutters.
They claimed that the hedge made maintaining their property harder and created an actual fire hazard.
Furthermore, the hedge was blocking a window of a shed, preventing sunlight from entering.
When Paul and Patricia asked the Serraos to prune the bamboo to about the height of the common boundary fence, they refused.
That's when the Bogans decided to take the situation to court.
In the end, the court, through Acting Commissioner of the Court John Douglas, handed down a ruling that saw both parties strike wins.
When it came to the damaged fence, Douglas found it was most likely that the bamboo would damage it during periods of strong winds, so he ordered the bamboo closest to the fence to be removed and replaced.
‘As with the fence, the Court expects normal wear and tear to impact all structures, and considering the ever-present abrasive salt-laden air, there was no evidence of damage to the shed roof or gutters, or the soil surface, that may be attributed to the bamboo,’ Douglas explained.
‘Though the fence was over 25 years old, it was, nonetheless, still fit for purpose and in serviceable condition.’
Douglas ordered the fence to be repaired, the cost of which was to be equally split between the two neighbours.
The Court also dismissed the Bogans' claim about the bamboo debris falling and blowing onto their shed roof and backyard as well as their claim that it also presented a significant fire risk.
‘I was not satisfied that debris from the bamboo, nor the hedge itself, presented an unacceptable fire risk,’ he stated.
‘The shed was over 32 years old, and the gutter guard, claimed to be rusted by bamboo leaves, was 13 years old.’
‘Even if the bamboo leaves had caused roof damage, such damage could be avoided with regular maintenance.’
The Bogans’ claim about the sunlight in their shed was also dismissed because there was no approval by the council for it to be used as a habitable dwelling.
Finally, Douglas ruled that the bamboo in question be pruned annually, but not to the detriment of the Serraos’ privacy.
‘The Serraos emphasised the bamboos’ contribution to their privacy, which in site context, is a reasonable concern,’ Douglas concluded.
The case is certainly an interesting one as it shows us that it's highly advisable for neighbours to come up with an agreement before planting a hedge, especially one as large as a bamboo tree.
It’s important to maintain a peaceful relationship with their neighbours. However, it's also equally important to know your rights and to take action whenever you feel unfairly treated.
If that's your case, we recommend that you get in touch with your local authorities to check applicable laws and search for the best way to proceed.
What are your thoughts on the Bogans taking their neighbours to court over a bamboo hedge? Do you have any advice on co-existing peacefully with neighbours? We would love to hear from you in the comments below!
Paul and Patricia Bogan, residents of Boat Harbour near Port Stephens in NSW, had a not-so-friendly feud with their neighbours over a very contentious hedge.
The owners of this adjacent property, Jose and Melissa Serrao, planted a hedge of bamboo trees along their side of the common boundary, perhaps as a measure of privacy (in addition to improving aesthetics).
Little did they know that the bamboo was only the beginning.
Back on the Bogans’ side, Paul and Patricia felt like the bamboo hedge caused all sorts of problems.
According to the couple, the bamboo hedge was breaking and damaging the metal panel fence in windy weather and sending dry leaves and leaf sheaths across their land, on their shed roof, and gutters.
They claimed that the hedge made maintaining their property harder and created an actual fire hazard.
When Paul and Patricia asked the Serraos to prune the bamboo to about the height of the common boundary fence, they refused.
That's when the Bogans decided to take the situation to court.
In the end, the court, through Acting Commissioner of the Court John Douglas, handed down a ruling that saw both parties strike wins.
When it came to the damaged fence, Douglas found it was most likely that the bamboo would damage it during periods of strong winds, so he ordered the bamboo closest to the fence to be removed and replaced.
‘Though the fence was over 25 years old, it was, nonetheless, still fit for purpose and in serviceable condition.’
Douglas ordered the fence to be repaired, the cost of which was to be equally split between the two neighbours.
The Court also dismissed the Bogans' claim about the bamboo debris falling and blowing onto their shed roof and backyard as well as their claim that it also presented a significant fire risk.
‘I was not satisfied that debris from the bamboo, nor the hedge itself, presented an unacceptable fire risk,’ he stated.
‘The shed was over 32 years old, and the gutter guard, claimed to be rusted by bamboo leaves, was 13 years old.’
‘Even if the bamboo leaves had caused roof damage, such damage could be avoided with regular maintenance.’
The Bogans’ claim about the sunlight in their shed was also dismissed because there was no approval by the council for it to be used as a habitable dwelling.
Finally, Douglas ruled that the bamboo in question be pruned annually, but not to the detriment of the Serraos’ privacy.
‘The Serraos emphasised the bamboos’ contribution to their privacy, which in site context, is a reasonable concern,’ Douglas concluded.
It’s important to maintain a peaceful relationship with their neighbours. However, it's also equally important to know your rights and to take action whenever you feel unfairly treated.
If that's your case, we recommend that you get in touch with your local authorities to check applicable laws and search for the best way to proceed.
Key Takeaways
- A couple from New South Wales, Paul and Patricia Bogan, took their neighbours, the Serraos, to court over a bamboo hedge.
- The Bogans were claiming it blocked sunlight, damaged the boundary fence, and caused debris to fall onto their property.
- The Bogans requested the Serraos to prune or remove the bamboo but took the matter to court when the response was negative.
- The Acting Commissioner of the Court, John Douglas, dismissed part of the claim but ordered the removal of the bamboo closest to the fence and a structure to be erected to prevent damage to the fence.
- The cost for repair of the fence would be split equally between the neighbours and the complaint regarding bamboo debris causing damage and maintenance burdens was also dismissed by Douglas.
What are your thoughts on the Bogans taking their neighbours to court over a bamboo hedge? Do you have any advice on co-existing peacefully with neighbours? We would love to hear from you in the comments below!
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