Tree Disputes with Neighbours: Legal Rights in the Hills District

Tree Conflicts in the Hills District: Understanding Your Rights

The Hills District is known for its leafy streets and established gardens, where trees are a cherished part of the landscape. However, when trees cross property boundaries, they can sometimes lead to disputes between neighbours. At Treemendous Tree Care, with over 20 years of experience working in the Hills District, we've seen how these issues can escalate when not properly managed.

Tree disputes between neighbours are among the most common property conflicts in NSW, particularly in areas like the Hills District where established gardens and larger blocks create more opportunities for tree-related issues. Whether you're dealing with overhanging branches, invasive roots, leaf litter, or trees blocking views, understanding your legal rights and responsibilities is essential for resolving matters effectively.

This comprehensive guide covers the legal framework governing tree disputes in the Hills District, your rights as a property owner, practical steps for amicable resolution, and when to seek professional or legal intervention. Our goal is to help you navigate these challenging situations while preserving both your property rights and neighbourhood relationships.

The Legal Framework: Trees (Disputes Between Neighbours) Act 2006

In NSW, tree disputes between neighbours are primarily governed by the Trees (Disputes Between Neighbours) Act 2006. This legislation provides a framework for resolving disputes about trees that cause, or are likely to cause, damage to property or injury to persons.

The Act allows affected property owners to apply to the NSW Land and Environment Court for orders to remedy, restrain or prevent damage to property or injury to persons caused by a tree situated on adjoining land. This includes scenarios where:

• A tree has caused, is causing, or is likely to cause damage to your property
• A tree is likely to cause injury to a person
• A tree is severely obstructing sunlight or views (if the tree was planted after August 2010)

It's important to note that the Act does not cover disputes about trees on your own property – these are generally subject to council regulations covered in our guide on Tree Removal Regulations in the Hills District.

Common Tree Disputes in the Hills District

Overhanging Branches

One of the most frequent disputes involves branches that extend across property boundaries. Under NSW law, property owners have the right to trim branches that overhang their property, but only up to the boundary line. This is known as "the right of abatement."

However, there are important caveats to understand:

• You must return the trimmed branches and any fruit to the tree owner unless they agree otherwise
• You can only enter the neighbour's property to trim a tree with their explicit permission
• The trimming must not cause unnecessary damage to the tree or make it unstable
• Council approval may be required before trimming certain protected tree species, even if they overhang your property

Before trimming overhanging branches, check with The Hills Shire Council to ensure the tree isn't protected by a Tree Preservation Order, and consider seeking professional advice from a certified arborist to ensure safe trimming practices.

Invasive Tree Roots

Tree roots that cross property boundaries can cause significant damage to structures, plumbing, driveways, and foundations. Unlike overhanging branches, the management of invasive roots is more complex legally.

If you suspect root damage on your property:

1. Document the damage thoroughly with photographs and, if possible, evidence that the roots are from the neighbour's tree
2. Obtain a professional assessment from a certified arborist or plumber to confirm the source and extent of the damage
3. Approach your neighbour with this evidence to discuss potential solutions
4. If the roots have caused substantial damage, you may be entitled to compensation for repairs

For significant root issues that threaten structures, the Land and Environment Court can order the removal of a tree or the installation of a root barrier. However, they generally require substantial evidence of actual damage, not just potential future damage.

Falling Leaves, Flowers, and Fruit

While often frustrating, natural tree debris such as falling leaves, flowers, bark, and fruit does not usually constitute legal grounds for action against a neighbour. Courts and tribunals have consistently ruled that these are natural processes and generally considered a normal part of neighbourhood life.

However, there may be exceptions if:

• The volume of debris is exceptional and causes significant ongoing damage (e.g., blocking gutters and causing water damage)
• The tree produces particularly hazardous debris (e.g., large seed pods that create safety hazards)
• The tree's fruit or flowers create unusual and severe allergic reactions

For these exceptional cases, it's advisable to document the issue thoroughly before seeking legal remedies.

View and Sunlight Obstruction

In the Hills District, with its sloping terrain and leafy outlook, view and sunlight obstruction can be contentious issues. Under the Trees Act, you may have grounds for action if a neighbouring tree unreasonably obstructs:

• Views from a dwelling (if the tree was planted after August 2010)
• Sunlight to windows or solar panels (if the obstruction is severe)

The court considers several factors including the location and species of the tree, whether it existed before the affected property was built, and the importance of the tree to the local environment. These cases often require expert testimony from arborists and professional valuers to establish the impact on property values.

Step-by-Step Guide to Resolving Tree Disputes

Step 1: Direct Communication

Always start with a friendly, informal conversation with your neighbour. Explain your concerns calmly and be open to hearing their perspective. Many disputes can be resolved at this stage through compromise and understanding.

Tips for productive conversation:

• Choose a neutral time when neither party is stressed or busy
• Focus on the issue, not personal criticisms
• Bring photographs or documentation to clearly illustrate your concerns
• Offer to share costs if appropriate (e.g., for professional trimming or root barrier installation)
• Consider putting any agreement in writing for clarity

Step 2: Mediation

If direct communication doesn't resolve the issue, free mediation services are available through Community Justice Centres (CJC) in NSW. Mediation involves a neutral third party who helps facilitate a discussion and potential resolution without taking sides.

Benefits of mediation include:

• It's free and confidential
• It's less formal and adversarial than court proceedings
• Agreements reached can be formalised as legally binding if desired
• It helps preserve neighbourhood relationships

The court generally expects parties to attempt mediation before filing a formal application, and evidence of attempted mediation strengthens your case if legal action becomes necessary.

Step 3: Professional Assessment

Before proceeding to formal legal channels, consider engaging a certified arborist to provide a professional assessment of the tree in question. At Treemendous Tree Care, our qualified arborists can provide:

• Assessment of the tree's health, structure, and potential risks
• Documentation of any damage caused by the tree
• Recommendations for pruning, treatment, or removal options
• Formal reports suitable for council applications or court proceedings

A professional assessment not only strengthens your position in any dispute but can also identify solutions that address both parties' concerns. Our arborist services include comprehensive tree inspections and detailed written reports that comply with Australian Standards.

Step 4: Legal Proceedings

If other approaches fail, you may need to apply to the NSW Land and Environment Court under the Trees (Disputes Between Neighbours) Act. Before filing an application:

1. Ensure you've attempted mediation and have documentation of this effort
2. Gather evidence including photographs, arborist reports, quotes for repairs, and any relevant correspondence
3. Check that your matter falls within the court's jurisdiction under the Act
4. Be prepared to pay the application fee (approximately $260 as of 2025)

The court process typically involves:

• Filing an application with the Land and Environment Court
• Serving documents on your neighbour
• A preliminary hearing (often by telephone)
• A site inspection by the court (a Commissioner will visit the properties)
• A hearing and determination

The court has broad powers to order remedies including tree removal, pruning, root barriers, or compensation for damage. They balance the complainant's concerns with the value of the tree to the owner and the broader environment.

The Role of The Hills Shire Council

The Hills Shire Council plays a significant role in tree management through its Tree Preservation Orders and Development Control Plans. While the council cannot directly intervene in neighbour disputes, they may become involved if:

• The tree is protected under council regulations
• A tree removal or pruning application is submitted
• The tree poses an immediate danger to people or property

For detailed information on council regulations affecting trees, refer to the Hills Shire Council website or our guide on Tree Removal Regulations in the Hills District.

The council also offers a "Neighbouring Amenity Policy" that encourages reasonable hedge height agreements between neighbours before legal remedies are pursued. This can be particularly useful for addressing view obstruction issues.

How Treemendous Tree Care Can Help

At Treemendous Tree Care, we've been helping Hills District residents navigate tree issues for over 20 years. Our services that can assist with neighbour disputes include:

• Professional Arborist Reports: Detailed assessments of tree health, risk, and impact that can be used in mediation or court proceedings
• Selective Pruning: Expert trimming that addresses concerns while maintaining tree health and complying with council regulations
• Root Management: Non-invasive techniques to address root problems without necessarily removing the tree
• Tree Removal: When approved and necessary, safe and compliant removal of problematic trees
• Mediation Support: Professional advice during mediation processes to help develop practical and compliant solutions

Our certified arborists are familiar with both the local regulations and the specific tree species common in the Hills District. We can provide balanced, expert advice that considers both the technical aspects of tree management and the legal framework governing disputes.

Preventing Future Tree Disputes

The best approach to tree disputes is prevention. Consider these strategies to avoid future conflicts:

• Considerate Planting: When planting new trees, consider mature size, root systems, and potential impact on neighbours
• Regular Maintenance: Schedule periodic professional pruning to manage tree size and health
• Boundary Agreements: For new plantings near boundaries, consider a written agreement with neighbours about future management
• Species Selection: Choose appropriate species that won't outgrow their space or cause excessive debris
• Root Barriers: Install root barriers during planting for trees near structures or boundaries

Our tree pruning services include preventative maintenance programs that can help manage trees before they become a source of conflict.

Conclusion: Balancing Rights and Relationships

Tree disputes between neighbours in the Hills District often involve a complex balance of legal rights, property protection, environmental considerations, and community relationships. While the legal framework provides clear pathways for resolution, the most successful outcomes usually come from reasonable communication and compromise.

At Treemendous Tree Care, we encourage property owners to seek expert advice before disputes escalate. Our team can help identify solutions that address legitimate concerns while preserving valuable trees and neighbourhood goodwill.

For professional assistance with tree disputes or expert arborist reports, contact our team today at 0410 976 081. We're committed to helping Hills District residents manage their trees responsibly and resolve conflicts amicably.