Tree Disputes NSW
The Trees (Disputes between Neighbours) Act 2006 governs tree disputes between neighbours in NSW.
Neighbours tree damaging my property?
If your neighbour’s tree is causing, or is likely in the near future to cause damage to your property or is likely to cause injury to any person, you may be able to apply to the Land and Environment Court for an order to remedy, restrain or prevent damage to your property, or to prevent injury to any person.
The Trees (Disputes between Neighbours) Act 2006 requires that before the Court makes an order, the person affected must have made a reasonable effort to reach agreement with your neighbour. It is important to make a reasonable effort to resolve the dispute with your matter before commencing proceedings.
There are common law remedies for damage caused by trees. These are nuisance, negligence and trespass. If the Act applies, no action in nuisance may be brought as a result of damage caused by a tree. The Act applies in residential areas as opposed to rural areas. There are exceptions including trees situated on land owned or manage by Council. It is important to seek advice from an experienced environmental lawyer in order to determine the most appropriate course to take.
Neighbour’s trees blocking sunlight or view?
If your neighbour’s trees are blocking sunlight or your view, you may be able to apply, under the Trees (Disputes between Neighbours) Act 2006, to the Land and Environment Court for an order to remedy, restrain or prevent the obstruction. The obstruction must be severe.
The Act only applies to groups of two or more trees that are planted so as to form a hedge, and rise to a height of at least 2.5m.
The Court may make a number of orders for example that the trees be removed or maintained at a particular height.
Before making an order the Court is to consider, among other things, the location of the tree concerned in relation to the boundary of the land on which the tree is situated, the impact any pruning would have on the tree, any contribution of the tree to privacy, landscaping, garden design, heritage values or protection from the sun, wind, noise, smells or smoke or the amenity of the land on which it is situated andwhether the tree has any historical cultural, social or scientific value.
Once again, an order cannot be made unless the person affected has made a reasonable effort to reach agreement with the owner of the land on which the trees are situated.
Whether you have a remedy depends on the particular facts of your case, the terms of the legislation and the case law from the Land and Environment Court considering the legislation.