What to Do If a Tree Is Causing a Dispute With Your Neighbour in NSW

Disputes over trees between neighbours occur more frequently than many people realise and can be considerably more stressful than necessary. As qualified arborists, we frequently receive calls regarding these issues, often from both parties involved. In many instances, these disputes could have been resolved much sooner with the right information and a straightforward conversation. Here’s a comprehensive guide on what you need to know in New South Wales (NSW), along with the necessary steps to take before matters escalate.

Crucial Reminder

The information provided in this article is general in nature and should not be considered legal advice. Tree disputes involve unique facts and specific circumstances. If you find yourself in a serious dispute, it is essential to consult a qualified solicitor before proceeding.

Understanding the Law Governing Tree Disputes in NSW

In NSW, there is specific legislation that addresses these situations: the Trees (Disputes Between Neighbours) Act 2006 (NSW). This law empowers the Land and Environment Court (LEC) to mandate actions regarding a tree — including pruning, removal, or ongoing management—when a tree on a neighbouring property:

• Is causing damage to your property
• Could potentially result in injury to an individual
• Is significantly obstructing sunlight or a view from your residence
• Interferes with solar panels installed on your property

There are a few critical points to grasp before proceeding further:

• This Act only applies to private land. Trees located on council land, street trees, and those within parks are managed separately through your local council.
• The Act pertains to trees on adjoining properties and does not apply to trees that are several blocks away.
• The Land and Environment Court should be considered a last resort, not the first step. The following guidance aims to assist you in resolving the issue before reaching this stage.

What Actions Can You Take Without Neighbour Approval?

Before involving any legislation, you possess a common law right to:

• Trim branches and roots that extend onto your property, returning them to the boundary line
• You are not required to seek your neighbour’s permission to perform this action
• You must offer the cut material back to the tree's owner — discarding it on their side of the fence is not allowed
• You cannot enter your neighbour’s property without their express permission
• You must avoid causing unnecessary harm to the tree during this process

One crucial check before proceeding: Certain trees in Newcastle and the Hunter Region are safeguarded under local council Tree Preservation Orders or may be heritage listed. A protected tree maintains its status even if a branch extends over your fence. Verify your council’s tree permit register prior to making any cuts — failure to do so could leave you facing penalties.

Essential Steps to Follow — In Order

Step 1: Compile Comprehensive Documentation Before Taking Any Action

Before having a conversation with your neighbour or reaching out to anyone else, it is important to create a detailed evidence file:

• Capture photographs with timestamps and ensure location data is activated
• Document the dates of any discussions
• Record any damage incurred, such as cracked pathways, plumbing issues, roof damage, or reduced solar output
• If your solar panels are impacted, gather your generation data to demonstrate the decline in output. This provides measurable, specific evidence that carries substantial weight.

Step 2: Initiate a Conversation with Your Neighbour

This might seem straightforward, yet it is the step that many individuals overlook — and it resolves the majority of disputes. Many neighbours may genuinely be unaware that their tree is causing issues.

If a face-to-face discussion feels uncomfortable, consider writing to them instead. Maintain a factual and calm tone. Clearly outline the issue, specify what you are requesting from them, and provide them with a reasonable timeframe to respond. Ensure you save a copy of all correspondence.

Step 3: Obtain an Independent Arborist Assessment

This step often proves to be the most effective action throughout the entire process — and it should occur before any legal measures are taken, prior to council involvement, and ideally before mediation.

Here’s how an independent arborist assessment benefits you:

• Objectively establishes the condition and risk level of the tree — based on factual evidence rather than opinions
• Provides both parties with the same information to work from, which often expedites 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 — complete removal is frequently unnecessary
• 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 throughout Newcastle, Lake Macquarie, Maitland, and Port Stephens.
Contact Steven Brown at 0414 706 653.

Please be aware: For formal arborist reports specifically for LEC proceedings, you will require a report from an AQF Level 5 Consulting Arborist.
We can assist in directing you to the appropriate resources during your consultation.

Step 4: Reach Out to Your Local Council When Necessary

Contact your local council prior to taking further action if:

• The tree may be protected 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 considering court action, think about using 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 not necessary
• The process is significantly quicker than court proceedings
• A trained mediator assists both parties in reaching a voluntary agreement
• Agreements reached during mediation can be made binding if both parties consent

This step alone resolves a considerable proportion of disputes that reach this stage. It is always worth attempting before incurring legal expenses.

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

Step 6: Navigating the Land and Environment Court

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

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

Possible Court Orders 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 argument regarding sunlight or view. The Act specifically addresses interference with solar panels on a dwelling, and the courts have demonstrated a willingness to mandate actions where measurable generation loss can be substantiated.

The types of evidence that are most beneficial include:

• Solar generation data showing output levels before and after the obstruction commenced
• A report from your solar installer confirming that the obstruction is the cause of the issue
• An arborist assessment pinpointing 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 — When Urgent Action Is Necessary

If you suspect that a neighbour’s tree poses a genuine risk of falling and causing injury or significant damage, do not delay in taking action. Follow these steps promptly:

• Document the tree immediately by taking photographs — capture everything visible
• Send a written notification to your neighbour clearly outlining the perceived risk. This ensures there is a record that they have been informed.
• Contact your council’s compliance team — councils have authority to issue orders for privately owned trees in certain circumstances where public safety is compromised
• 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 in writing, is often sufficient to prompt action without necessitating any formal proceedings.

Navigating Tree Disputes Involving Rental Properties

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

When the tree is on the rental property and your neighbour has lodged a complaint

If a neighbour approaches you regarding a tree located on your rental property — the protocol is clear:

You lack the authority to make decisions concerning trees on a property you rent. That responsibility does not lie with you.

• Avoid agreeing to anything, making commitments, or organising any work
• Calmly inform your neighbour that you are a tenant and do not have the authority to manage tree-related issues on the property
• 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 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 becomes precarious. Promptly reporting it in writing fulfills your obligation.

When the problematic tree is on a neighbouring rental property

Avoid wasting time discussing the issue with the tenant next door; they lack the authority to take action on tree matters.

• 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 details for direct contact
• Property managers are required to promptly relay safety and damage complaints to the landlord. Follow up in writing if you do not receive a timely response and maintain 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 crucial evidence.

When you are the landlord

As the landlord, you bear the responsibility for managing the trees on your investment property, not your tenant or your 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 demonstrates your seriousness in addressing the matter
• Do not solely rely on your property manager’s judgement regarding tree safety. Seek an independent arborist opinion.

Common Questions About Tree Disputes

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

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

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

A: No — the LEC Class 2 jurisdiction is designed for accessibility without legal representation, and many individuals represent themselves successfully. 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 confirm 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. Root damage 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 should I do if my neighbour ignores my written notification about a dangerous tree?

A: Their lack of action following 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. Maintain all correspondence and escalate to NSW Fair Trading mediation or the LEC if they remain unresponsive.

Connect with Our Expert Arborists Today

Are you facing a dispute with a neighbour over a tree?
Obtaining an independent arborist assessment is often the most effective initial step; it provides both parties with objective information and establishes a written record of any identified risk.
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.