Common Tree Disputes

Conflicts over trees between neighbours typically arise from legitimate concerns about safety, property damage, or amenity loss. Understanding your rights and responsibilities is essential before taking action.

• Overhanging branches – Limbs extending over your boundary line blocking light or dropping debris
• Root damage – Tree roots damaging foundations, pipes, driveways, or other structures
• Blocked views – Trees obstructing scenic views or water vistas
• Blocked sunlight – Excessive shade affecting your property, gardens, or solar panels
• Safety hazards – Dead or dangerous trees that could cause injury or property damage
• Falling leaves and debris – Excessive leaf litter, fruit, or branches creating maintenance burdens
• Interference with services – Trees affecting power lines, phone cables, or other utilities

Your Legal Rights

Australian common law and state-based legislation provide specific rights regarding trees on neighbouring properties, but these rights come with important limitations.

The Self-Help Remedy

Under common law, you have the right to cut back branches and roots from a neighbour's tree that overhang or encroach onto your property, but only up to the boundary line. This is known as the "self-help remedy" and comes with strict conditions:

• You can only cut back to the boundary—not beyond onto the neighbour's land
• You should give the tree owner reasonable notice of your intention
• You must not trespass on their property to do the work
• You must not destroy the health or stability of the tree
• You are responsible for disposing of the cut material (though legally it belongs to the tree owner)
• You cannot claim costs for this work from your neighbour

However, this right does not extend to cutting down the entire tree or removing major limbs that might damage the tree's health, even if they overhang your property.

Trees Act and State Legislation

Most states have specific legislation dealing with tree disputes between neighbours. These laws provide formal processes for resolving conflicts that cannot be settled through negotiation.

State-Specific Frameworks

Council Tree Protection Orders

Many councils have tree protection measures in place that restrict the removal or significant pruning of certain trees, even on private property. These protections may apply to:

• Trees above a certain size or height
• Trees of particular species or heritage value
• Trees in environmentally sensitive areas
• Trees subject to specific vegetation protection overlays
• Street trees and council-owned vegetation

Before undertaking any tree work—even on your own property—check with your local council about permit requirements. Penalties for unauthorised tree removal can be severe, sometimes exceeding $100,000 for significant trees.

Resolving Tree Disputes

Taking a structured approach to tree disputes increases the likelihood of a satisfactory outcome while maintaining neighbourly relations where possible.

Property Damage Claims

If a neighbour's tree has caused damage to your property, you may be entitled to compensation, but the legal position depends on several factors.

When Can You Claim?

You may have grounds for a damages claim if:

• The tree owner knew or should have known about the risk (e.g., you notified them of the danger)
• The damage was caused by failure to maintain the tree properly
• Roots have damaged structures, pipes, or foundations on your property
• Falling branches or the tree itself caused property damage during foreseeable conditions

Evidence You'll Need

• Photos and videos of the damage and the tree
• Dated correspondence showing you notified the owner of the risk
• Arborist reports on the tree's condition and the cause of damage
• Repair quotes or invoices from licensed tradespeople
• Survey or engineering reports for structural damage

Note that tree owners are generally not liable for damage from healthy trees during extreme weather events (e.g., storms), but may be liable if the tree was diseased or poorly maintained.

View and Sunlight Issues

Disputes over trees blocking views or sunlight are particularly contentious, as the law provides limited remedies for these issues compared to physical property damage.

Views

In most Australian jurisdictions, there is no automatic right to a view. However, some states' tree dispute legislation does provide limited relief:

• NSW legislation allows applications for view obstruction in limited circumstances
• Some council planning schemes protect significant views through development controls
• View protection is more likely to succeed if it was a factor in the property's purchase price
• Tribunals will balance competing interests, including the tree owner's property rights

Sunlight and Solar Access

Blockage of sunlight to habitable rooms, gardens, or solar panels may provide grounds for action in some jurisdictions. Factors considered include:

• Extent and duration of shading
• Impact on solar energy systems
• Effect on ability to grow food or plants
• Timing of tree planting relative to affected structures

These claims are generally more difficult to succeed with than those involving physical damage, and outcomes depend heavily on specific circumstances and local legislation.

Costs and Compensation

Understanding who pays for tree work and damage is crucial in tree disputes.

Who Pays for Trimming?

• If you exercise self-help rights to cut overhanging branches, you bear the cost
• If a court or tribunal orders tree work, they may allocate costs between parties
• If the neighbour agrees to voluntary trimming, they typically pay unless you agree otherwise
• For dangerous trees, councils may order work at the owner's expense

Claiming Damage Costs

If you're seeking compensation for property damage:

• Obtain detailed quotes from licensed professionals
• Keep all receipts and invoices for completed repairs
• Consider whether to claim through insurance or pursue the neighbour directly
• For amounts under $10,000-25,000 (varies by state), small claims court may be appropriate
• For larger claims, you may need to engage legal representation

Prevention and Good Practice

Taking proactive steps can prevent tree disputes or make resolution easier if conflicts arise.

• Choose appropriate species – When planting, select trees suitable for your property size and distance from boundaries
• Regular maintenance – Prune trees regularly to prevent overgrowth and identify health issues early
• Respect setbacks – Plant large trees well away from boundaries, structures, and underground services
• Monitor tree health – Engage arborists for regular inspections, especially for large or old trees
• Be responsive – If a neighbour raises concerns, address them promptly rather than waiting for escalation
• Document agreements – Put any agreements about tree maintenance or cost-sharing in writing
• Check before buying – When purchasing property, assess trees on neighbouring land that might cause future issues

State and Territory Resources

Each state and territory has different laws and processes for resolving tree disputes. Access comprehensive resources below:

Note: Tree dispute laws vary significantly between states. Victoria, SA, WA, ACT and NT rely on common law rather than specific tree legislation, while NSW has dedicated Trees (Disputes Between Neighbours) Act 2006. Always check your state's specific requirements before taking action.