Dispute - Neighbour's Large Tree Completely Shadowing My Home
So my neighbour has a massive 3 storey high tree that is overshadowing my backyard. I get very little sun because of this, and even my other neighbour is affected by this. A friend said that they had a similar tree removed from their home for about $3-4k in the past so I assume that's a ballpark figure for a large tree.
I've mentioned this to them 6 months ago but they haven't done anything. I know the next step is to get the council involved which I will. I just don't have an extra $2k to chip in (if it comes to that) right now so I'm not in much of a hurry. I just want to prepare and do my due diligence in case anything happens. I've had lots of branches fall into my backyard over the years and I was thinking if it ever falls and damages my property, I wanna make sure I've at least put in the steps to showcase that I've informed them about it already so at least they're held responsible.
So my question is:-
- from a legal standpoint, lets say that trees gets hit by lightning one day, falls and damages my home, and they had prior notice of this very large tree that they didn't do anything about, who's liable for paying for damages?
- does anyone have experiences to share on how they resolved this issue if they encountered something similar?