Tree Disputes

Tree disputes between neighbours are quite common and can often be a source of conflict and tension. Before taking any steps to resolve an outcome regarding the removal or pruning of a tree, it is important that you have a general understanding of the legal framework which applies and the possible avenues available to achieve a solution.

In most areas of NSW, local council approval is required before you can proceed to take any steps to remove or significantly prune trees located on your own property. If a neighbour seeks to perform work on a tree located on your property, most councils will usually require your prior consent before approval will be granted.

Resolving Disputes through Discussion or Mediation

If an issue concerning a tree located on private property arises, the best starting point is for neighbours to come together, discuss their concerns and seek to resolve their issues amicably.

If this is not possible, the parties can arrange a mediation.

Mediation is a cost-effective option which allows each party to have their say and raise their concerns with a view to reaching a resolution which will be acceptable to both parties.  Community justice centres offer free and confidential mediation services, which can assist parties in resolving these types of disputes.

Proceedings in the Land and Environment Court

If the parties are unable to reach a resolution by way of mediation, it may be possible to make an application to the NSW Land and Environment Court to hear the dispute and make appropriate orders.

An application to the Court can only be made by the owner or occupier of the land which adjoins the land on which the tree is growing.

Before the Court can make any orders, it must be satisfied that the applicant has made a reasonable effort to try and resolve the matter with the owner of the land on which the tree is situated.

The Court can hear matters involving trees located on private land which are causing (or will likely cause) property damage or pose a risk to human safety. The Court can also resolve disputes involving high hedges in excess of 2.5 metres which may be obstructing sunlight or views provided that specific criteria are satisfied. The Court will not entertain applications concerning complaints about leaf litter or minor inconveniences.

The Court may make orders requiring the pruning, removal, or replacement of trees or for compensation for damage.  The Court may also make orders requiring high hedges to be maintained at a specific height or width.

It is important to note that both parties usually bear their own legal and expert costs unless the Court finds one party acted unreasonably.  Unlike mediation, the costs involved in Court proceedings can be quite significant and therefore the decision to make an application to the Court requires proper and careful consideration.

If you are considering making an application to the Court, or find yourself needing to respond to an application, it is important to obtain quality legal advice and representation.