Neighbourhood tree issues are a civil matter. Council does not get involved in such matters. lf you are concerned about a tree on a neighbouring property the best way to resolve the issue is to discuss it with your neighbour. Your neighbour may not be aware that there is an issue and, in most cases, will be willing to help you resolve your concerns. You should clearly outline your concerns regarding the tree with your neighbour and propose an option for addressing the issue.
lf talking to your neighbour does not result in an agreeable solution for both parties, please contact one of the below organisations for assistance:
- The Community Justice Centre (CJC). The CJC provides a free mediating service to assist you in coming to an agreement with your neighbour. lt is not mandatory for your neighbour to attend the CJC, but most people are willing to discuss the issue with a neutral facilitator to resolve problems and prevent them from escalating any further. Contact 1800 990 777 between 9am and 5pm, Monday to Friday (excluding public holidays) to discuss your situation with the CJC or alternatively visit www.cjc.nsw.gov.au (external link)
- The Legal Answers website http://www.legalanswers.sl.nsw.gov.au/guides/neighbours/index.html (external link) , have a tool kit that has helpful information in regards to neighbourhood issues including tree disputes. Phone 1300 888 529.
- NSW Government - Justice Law Access (external link) site.
If the issue is still not able to be agreed on the Trees (Disputes between neighbours) Act 2006 allows an owner or an occupier to apply to the Land and Environment Court for an order to remedy, restrain or prevent damage to property or injury to a person as a consequence of a tree on adjoining land.
Before making an order, the Court has to satisfy itself that the applicant has made a reasonable attempt to reach an agreement with the owner and that the tree has caused, or is likely to cause, injury to person or property. The Court also needs to consider the location of the tree, historic or cultural significance, its place in the environment, its intrinsic value and its relationship to soil suitability and the water table. The Court has the power to authorise the applicant to take action, authorise the land to be entered, require compensation or costs to be paid or require the replacement of a tree.