RESIDENTS in Elsham Avenue say they won’t rule out taking legal action against the owners of an adjoining property who own a large row of pine trees that overshadow their property.
Ruby and John Gilbey say the trees are a fire hazard and block sun to the majority of their property.
The couple have been fighting to resolve the issue for more than a year.
At Orange City Council’s request, the trees were planted to act as a buffer between the residential houses in Elsham Avenue and a group of small factories operating in the street behind them.
However, the pine trees and a few eucalyptus trees have now grown so large the Gilbeys’ backyard is substantially overshadowed by the trees.
The couple say they haven’t been able to grow a vegetable garden or dry clothes on their backyard clothes line for years.
“We get no sun in the backyard and there are a lot of dead branches which are potential fire hazards,” she said.
“Also kids get behind the fence and light fires.”
Mrs Gilbey said she worried that a falling branch from one of the large trees could substantially damage nearby houses.
Mr Gilbey said the couple no longer felt they had a backyard.
“We would use the yard a lot but we can’t,” he said.
“We can’t even grow a vegetable garden.”
The couple say they’ve contacted the strata company representing the adjourning properties’ owners to ask them to trim the trees and remove overhanging branches but aren’t satisfied with the outcome.
According to the couple a work crew trimmed some of the branches in mid-August but haven’t rectified the problem.
“They didn’t do a proper job,” Mrs Gilbey said.
“I call it cosmetic.”
Mr Gilbey said he understood the matter would be addressed at an upcoming strata meeting of the properties’ owners.
“We don’t want compo (compensation) we just want the tree to be chopped,” he said.
Council spokesman Allan Reeder confirmed the trees were planted by the owner of the land that houses the factory complex, at council’s request.
“Orange City Council would encourage all neighbours to try and sort out their disputes, not to make them worse,” he said.
“In this case it would be sensible to prune the trees.”