Trees and Neighbours
Cleveland Street, Dracaena Draco
Trees are often a reason for dispute between neighbours when branches overhang the common boundary, or if tree roots spread into a neighbouring yard. Property owners often approach Council to express their concerns about the impact of a neighbour’s tree, hoping that Council will resolve the matter.
The City of Sydney’s Tree Management Policies and legislative controls do not give Council the authority to direct a resident to prune or remove a tree/s that is growing in their property. Council is unable to negotiate or intervene in tree disputes between neighbours, as this is considered a civil matter and must be resolved between the property owners or through the Land and Environment Court.
If the neighbour’s tree is affecting your property, it is advisable that, in the interest of good neighbourly relations, you contact your neighbour and discuss the matter with a view to negotiating a mutually satisfactory outcome.
If negotiations are unsuccessful or no agreement can be made with your neighbour, you could consider the following options available to help resolve the matter:
Apply to Council for Tree Pruning of the Branches that Overhang your Property.
The property owner’s permission is not required for the pruning of branches that are overhanging your property. You will need to lodge an application with the City in order to obtain Council permission to prune any tree that is protected under the provisions of the Tree Preservation Order (see Trees on Private Land for further details).
Once the City’s Tree Management Officer has inspected the tree, and considers pruning is appropriate, a letter from the City will be sent to the tree owner to notify them that an application has been received and works are likely to be approved. The City will wait 14 days before determining the application, to allow the tree owner to comment if they wish; following this a determination will be made.
Please note, if Council permission is granted to prune a neighbour’s tree, the permit does not authorise the applicant, or contractor engaged to enter the tree owner’s property. All pruning works must be undertaken from within your own property unless you have your neighbour’s consent to enter their property.
Council will not issue removal permits to non tree owners. Applications to remove a tree without the tree owner’s consent will not be accepted by the City of Sydney.
Download
Community Justice Centre
Contact the Community Justice Centre and seek mediation. Mediation is an alternative dispute resolution method which involves you, your neighbours and a trained mediator discussing the problem in an effort to determine an outcome which is agreed to by all parties. The service is free, confidential, voluntary, timely and easy to use.
Community Justice Centre
Tel: 1800 990 777
Email: cjc_info@agd.nsw.gov.au
Website: Community Justice Centres
Tree Disputes between Neighbours
If all mediation attempts between neighbours have failed, an opportunity exists for property owners to apply to the NSW Land and Environment Court, to rectify the problem under the provisions of the Tree (Disputes Between Neighbours) Act 2006.
The Act allows a property owner to apply to the court for an order to remedy, restrain or prevent damage to the owner's property or injury as a consequence of a tree situated on adjoining land. The court may also order compensation for damage already caused by such a tree.
The Court requires individuals make a reasonable attempt to resolve the situation before approaching the Court.
The Land & Environment Court’s website provides a range of helpful guidance notes and information on things you should consider when making an application.
Please note that the Act does not apply to trees on land owned or managed by Council. If you have an enquiry about trees located on land owned by the City of Sydney, please 9265 9333 or register a service request on this website and one of Council's qualified arborists will inspect the tree and determine the necessary response.
To view PDF files you must have Adobe Acrobat Reader installed on your computer. Get Acrobat Reader Now. PDF Accessibility.
Last Updated: Tuesday 10 April, 2012
