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Bitter dispute between homeowner and city administration over “dangerous” rubber tree
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Bitter dispute between homeowner and city administration over “dangerous” rubber tree

A concerned homeowner expresses fear that a diseased rubber tree in his backyard could “fall on someone and kill them.” However, since the tree is technically half on his property and half on council-owned land, the two parties are arguing over who is responsible.

Sydney resident Billy, from Mortdale in the city’s south, said the very large gum tree in the corner of his garden was regularly losing branches and appeared to be suffering from a fungal infection. He said despite its age and size, it needed to be removed to protect him and passing pedestrians.

However, because the tree literally grew half on his property and half on the public footpath, Billy says he will be held responsible for any “infrastructural damage” caused by cutting down the tree. He has been told that he could also be held liable if parts of the tree fall on someone.

The giant tree on Sydney man Billy's property in Mortdale, seen from above. The giant tree on Sydney man Billy's property in Mortdale, seen from above.

The huge tree appears to be suffering from a fungal infection and is regularly losing branches, which Billy says makes it a safety hazard. Source: ACA

The Georges River Local Council reportedly asked Billy to fill out a form to have the tree removed, but because there are only two definitions – street tree and privately owned tree – it is not specified who is responsible in special situations like these. Billy said that as a compromise, “a mutual agreement was the best they could come to.”

“But I don’t know what a mutual agreement is,” Billy told A Current Affair, adding that this back and forth has been going on for a year.

“Just be honest and sincere and tell us what you want and we will work with the council. If you want to keep the tree, it’s yours, if you want it cut down, we’ll share the tree – no problem. Just be safe and look after (my) home because if it falls in that direction (he points to his house) I’ll be homeless.

The huge tree on Sydney man Billy's property in Mortdale. Inset is a warning sign he put up to warn people of falling branches. The huge tree on Sydney man Billy's property in Mortdale. Inset is a warning sign he put up to warn people of falling branches.

The dispute between Billy and the city council has been going on for over a year, he said. Source: ACA

“I don’t want to go bankrupt if we kill someone and they sue me. Branches are always falling and someone is getting hurt – I don’t want that.”

In addition to the potential safety risks, Billy argued that his “yard used to be level,” but now it has “a slope” thanks to the tree’s roots. “The council will collect my fees, but they will never cut down the tree,” he said.

“The surveyor also said that technically it is more of a crown land,” he added.

Yahoo News Australia has contacted the Georges River Council for comment on the matter.

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