Sometimes, a neighbour’s overhanging tree or spreading vine might be causing you problems, posing a risk of damage or injury or an overgrown hedge might be reducing light or a view. What can be done if the matter cannot first be resolved amicably with your neighbour?
The answer lies in the Trees (Disputes Between Neighbours) Act 2006 (NSW) which provides a process for resolving such disputes by way of an application to the Land and Environment Court for appropriate orders. Of course, just the threat of making an application in a letter of demand might be enough to help resolve the matter without the need for litigation. But if not then this is what is involved.
The Act allows an owner of land to apply to the Court for an order to remedy, restrain or prevent damage to property or prevent injury to any person as a result of a tree on a neighbour’s land. A tree is defined to include bamboo and a vine and even a shrub according to a legal decision. An owner can also apply for an order if there is a severe obstruction of sunlight to a window or any view caused by a hedge.
Orders can include, with respect to damage to property and injury:
* action to remedy or prevent damage to property;
* action to prevent injury to any person;
* payment of compensation for damage to property; and
* removal of a tree and replacement with another.
Orders with respect to obstruction of sunlight or a view include:
* maintaining a hedge at a certain height; and
* removal of a hedge or part of it.
The Act does not apply to all problems caused by trees so it is advisable to seek legal advice about the best way forward.
August 2025