Tree Dispute Solutions for Neighbours in NSW

Disputes involving trees between neighbours are more prevalent than most people recognise, often resulting in avoidable stress. As seasoned arborists, we regularly field inquiries from both parties embroiled in these disputes. In many instances, these conflicts could have been resolved more efficiently with the right information and a straightforward conversation. This detailed guide offers vital insights into navigating tree-related disputes in New South Wales (NSW), outlining proactive steps to take before the situation escalates.

Key Reminder for Tree Disputes

The information provided in this article is intended for general guidance and should not be considered as legal advice. Each tree dispute presents unique circumstances and facts. If you find yourself in a serious disagreement, it is essential to consult a qualified solicitor before taking further action.

Understanding the Legal Framework Governing Tree Disputes in NSW

In NSW, the Trees (Disputes Between Neighbours) Act 2006 (NSW) establishes the legal framework for resolving disputes related to trees. This important legislation empowers the Land and Environment Court (LEC) to mandate various actions concerning a tree, which may include pruning, removal, or ongoing management, particularly when a tree situated on a neighbouring property:

Is causing damage to your property
Could potentially lead to injury for an individual
Significantly obstructs sunlight or your view
Interferes with solar panels installed on your property

Before proceeding, it is crucial to understand several key points:

This Act is applicable only to private land. Trees located on council land, street trees, and those in parks are governed separately by your local council.
The Act pertains to trees situated on adjoining properties and does not extend to trees that are not in close proximity.
Consider the Land and Environment Court as a last resort, not your initial step. The guidance provided here aims to assist you in resolving disputes prior to reaching this stage.

What Steps Can You Take Without Neighbour Approval?

Before engaging with legal frameworks, you can exercise your common law rights to:

Trim branches and roots that extend onto your property, ensuring they are returned to the boundary line
No need to seek your neighbour’s permission to perform this action
Return the cut materials to the tree owner — discarding them on their side of the fence is prohibited
You cannot enter your neighbour’s property without their explicit consent
It is essential to avoid causing unnecessary harm to the tree during this process

Important Check Before You Proceed: Certain trees in Newcastle and the Hunter Region may be protected under local council Tree Preservation Orders or recognised as heritage listed. A protected tree retains its status even if branches extend over your property line. Always consult your council’s tree permit register before undertaking any cuts — neglecting to do so may result in penalties.

Essential Steps to Resolve Tree Disputes Effectively

Step 1: Compile Comprehensive Evidence Before Taking Action

Before initiating a discussion with your neighbour or contacting other parties, it is vital to assemble a thorough file of evidence:

Capture photographs with timestamps, ensuring location data is activated
Record the dates of any discussions regarding the tree
Document any damage experienced, such as cracked pathways, plumbing issues, roof damage, or diminished solar output
If your solar panels are impacted, collect generation data to showcase the decline in output, providing compelling measurable evidence.

Step 2: Initiate a Conversation with Your Neighbour

This may seem straightforward, yet it is often the step many overlook — and it resolves a significant percentage of disputes. Many neighbours may be unaware that their tree is causing issues.

If a face-to-face conversation feels uncomfortable, consider drafting a letter instead. Maintain a calm and factual tone while clearly outlining the problem, specifying your requests, and providing a reasonable timeframe for a response. Always retain a copy of all correspondence for your records.

Step 3: Obtain an Independent Arborist Assessment

This step is often the most effective action throughout the entire process — and it should take place before any legal measures are implemented, prior to council involvement, and ideally before mediation occurs.

Here’s how an independent arborist assessment can be advantageous:

Provides an objective evaluation of the tree’s condition and risk level — based on factual evidence rather than subjective opinions
Offers both parties the same information to facilitate a quicker resolution
Creates a written record indicating that a risk was identified and communicated — this is crucial for liability if the tree later causes damage
Identifies necessary actions required — often, complete removal is not needed
Holds significant weight in any subsequent LEC application

Waratah Professional Tree Care offers onsite arborist consultations starting from $110 for assessments involving up to three trees across Newcastle, Lake Macquarie, Maitland, and Port Stephens.
For inquiries, contact Steven Brown at 0414 706 653.

Please note: For formal arborist reports required for LEC proceedings, you will need a report from an AQF Level 5 Consulting Arborist.
We can assist in guiding you to the appropriate resources during your consultation.

Step 4: Contact Your Local Council When Necessary

Before proceeding with further action, reach out to your local council if:

The tree may be safeguarded by a Tree Preservation Order
The tree is located on council land or a street verge — never attempt to prune or remove a council tree yourself
The tree is heritage listed
The tree presents an immediate danger — councils are obligated to respond to emergencies involving trees on public land

Contact Numbers for Councils in the Hunter Region:

City of Newcastle: 02 4974 2000
Lake Macquarie City Council: 02 4921 0333
Maitland City Council: 02 4934 9700
Port Stephens Council: 02 4980 0255
Cessnock Council: 02 4993 4100

Step 5: Explore Free Mediation Options First

Before contemplating court action, consider utilising NSW Fair Trading’s Community Justice Centres. This free mediation service is available to all residents of NSW.

There are no costs involved
Legal representation is unnecessary
This process is significantly quicker than court proceedings
A trained mediator assists both parties in reaching a voluntary agreement
Agreements reached during mediation can become binding if both parties consent

This step alone resolves a substantial number of disputes that reach this stage. It is always worthwhile to attempt mediation before incurring legal expenses.

To learn more or to apply: visit the NSW Fair Trading website or call 13 32 20.

Step 6: Understanding the Procedure in the Land and Environment Court

If you have exhausted all previous steps, the LEC serves as the formal legal pathway under the Trees Act.

Is legal representation necessary? Not necessarily. The LEC Class 2 jurisdiction is designed to be accessible for individuals without legal representation, and many applicants successfully represent themselves. However, if your situation involves extensive property damage, personal injury claims, or complex heritage issues, seeking legal advice before filing is advisable.

Possible Court Orders May Include:

Pruning or ongoing management of the tree
Complete removal
Compensation for any damage incurred
A deadline by which the tree owner must carry out necessary works

Factors Considered by the Court:

The nature and severity of the issue
Whether reasonable steps were taken to resolve the matter beforehand — this is why Steps 1 to 5 are crucial
The value of the tree to its owner and the surrounding community
Whether the tree is protected, heritage listed, or holds ecological significance
For solar panels: documented evidence demonstrating reduced energy generation

Filing fees may apply. Please check the NSW Land and Environment Court website for current fees before submitting your application.

Solar Panels: Your Position May Be Stronger Than You Think

If a neighbouring tree obstructs your solar panels, your position under the Trees Act is indeed stronger than a general claim regarding sunlight or view. The Act specifically addresses interference with solar panels on residential properties, and the courts have demonstrated a willingness to mandate actions where measurable generation loss can be substantiated.

The types of evidence that are most valuable include:

Solar generation data demonstrating output levels before and after the obstruction occurred
A report from your solar installer confirming that the obstruction is the cause of the issue
An arborist assessment identifying the specific growth responsible for the obstruction

We recommend consulting with a solicitor to review the current state of case law regarding disputes involving solar panels prior to filing — this area continues to evolve through decisions made by the LEC.

Addressing Dangerous Trees: Urgent Actions Required

If you suspect that a neighbour’s tree poses a genuine risk of falling and causing injury or significant damage, do not hesitate to take immediate action. Follow these steps without delay:

Document the tree promptly by taking photographs — capture everything visible
Send a written notification to your neighbour clearly outlining the perceived risk. This ensures a record that they have been informed.
Contact your council’s compliance team — councils possess the authority to issue orders for privately owned trees in certain situations where public safety is at risk
If you believe the risk is imminent, reach out to NSW Police or your council’s emergency contact line

A written arborist assessment that clearly establishes the risk, delivered to your neighbour, is often sufficient to prompt action without necessitating formal proceedings.

Navigating Tree Disputes Involving Rental Properties

Tree disputes can become more intricate when a rental property is involved. Here is how each situation typically unfolds.

What Should You Do When the Tree is on the Rental Property and Your Neighbour Complains?

If a neighbour raises concerns about a tree located on your rental property, the protocol is clear:

You do not have the authority to make decisions regarding trees on a property you rent. That responsibility lies with the landlord.

Avoid agreeing to anything, making promises, or organising any work on the tree
Calmly inform your neighbour that you are a tenant and lack the authority to manage tree-related issues
Immediately report the complaint to your property manager in writing — using email is ideal as it creates a dated record
Include your neighbour’s contact details, the nature of the complaint, and any relevant photographs
Follow up if you do not receive a timely response — particularly if safety concerns are involved

You are not liable for the tree. However, if you are aware of a complaint or safety risk and do not report it, your position may become precarious. Promptly reporting it in writing satisfies your obligation.

What Should You Do When the Problematic Tree is on a Neighbouring Rental Property?

Do not waste time discussing the matter with the tenant next door; they lack the authority to address tree issues.

Identify the property manager and contact them in writing, including photographs and a description of the issue
If you cannot locate the property manager, a title search through the NSW Land Registry will provide you with the landlord’s contact details for direct communication
Property managers are required to relay safety and damage complaints to the landlord without delay. Follow up in writing if you do not receive a timely response and keep a record of every attempt
If neither the property manager nor the landlord responds to documented safety concerns, escalate the matter to NSW Fair Trading mediation or the Land and Environment Court
The LEC does not look kindly upon landlords who have been notified in writing of a known risk and failed to act. Your documented attempts at contact become critical evidence.

What Responsibilities Do You Have as the Landlord?

As the landlord, you are responsible for managing the trees on your investment property, rather than your tenant or property manager.

If your property manager has notified you of a tree complaint or safety issue and you fail to act, you expose yourself to liability
Commission an arborist assessment as soon as a risk is raised — this establishes the facts objectively and shows your commitment to addressing the issue
Do not solely rely on your property manager’s judgement regarding tree safety. Seek an independent arborist opinion.

Common Questions About Tree Disputes Explained

Q: Who is liable for damages caused by my neighbour’s tree to my fence?

A: This liability depends on whether negligence can be established. If your neighbour was aware of the risk and failed to take action, they may be held liable. Conversely, if the failure was unforeseeable, typically, each party bears their own costs. A written arborist assessment establishing that the risk was known and communicated serves as critical evidence in any negligence claim.

Q: Is legal representation necessary to pursue a tree dispute in the Land and Environment Court?

A: No — the LEC Class 2 jurisdiction is designed to be accessible for individuals without legal representation, and many individuals successfully represent themselves. However, for cases involving significant damage, injury, or complex heritage issues, seeking legal advice before filing is advisable.

Q: Can my neighbour prevent me from trimming branches that extend over my property line?

A: No — your common law right to trim back to the boundary is well established. However, you must avoid causing unnecessary damage to the tree, cannot access their property without permission, and should verify if the tree is protected under a local Tree Preservation Order before proceeding with any cuts.

Q: Are roots damaging my pipes or foundations covered under the Trees Act?

A: Yes. Damage caused by roots to underground pipes, foundations, and structures falls within the scope of the Act. Obtain a report from a plumber or builder confirming the roots as the cause, along with an arborist assessment — together, these documents create a strong case.

Q: What steps should I take if my neighbour ignores my written notification about a dangerous tree?

A: Their lack of action after receiving your written notification significantly strengthens your position — both for an LEC application and for any future negligence claim if the tree causes damage or injury. Keep all correspondence and escalate to NSW Fair Trading mediation or the LEC if they remain unresponsive.

Connect with Our Experienced Arborists for Expert Assistance Today

Are you facing a dispute with a neighbour regarding a tree?
Obtaining an independent arborist assessment is often the most effective first step; it provides both parties with objective information and establishes a documented record of any identified risks.
Waratah Professional Tree Care offers onsite consultations starting at $110 for assessments of up to three trees in Newcastle, Lake Macquarie, Maitland, and Port Stephens.
Feel free to call us at 0414 706 653 or book an appointment online.