Resolving a tree dispute between neighbours
Tree disputes are one of the most common neighbourhood conflicts in Australia. They involve overhanging branches, root intrusion, blocked views, and damage to structures. Each state has different statutory regimes — NSW has the Trees (Disputes Between Neighbours) Act 2006, while other states rely more heavily on common law and council processes.
This is an 8-step workflow for resolving a tree dispute between neighbours in Australia. It covers the common law right of abatement, statutory tribunal processes (such as the NSW Land and Environment Court), council tree preservation orders, and the practical steps to reach a resolution.
Before you start
- Photographs of the tree, overhanging branches, root intrusion, or damage
- Arborist report (if damage to structures is alleged)
- Council tree preservation order search for the relevant local government area
- Records of any prior communication with the neighbour about the tree
The workflow
Identify the tree and the legal issue
Confirm the location of the tree relative to the property boundary. Determine whether the complaint is about overhanging branches, root intrusion causing damage, blocked light or views, or a hazardous tree. Identify the tree species and check for any heritage or preservation listing.
Check council tree preservation orders
Search the local council's Tree Preservation Order (TPO) or Development Control Plan to determine if the tree is protected. If it is, pruning or removal may require council approval regardless of the dispute.
Assess common law abatement rights
At common law, a landowner can prune overhanging branches back to the boundary line (the right of abatement). The cuttings must be offered back to the tree owner. This right does not extend to entering the neighbour's property or removing the tree entirely.
Send a formal notice to the neighbour
Draft a letter to the tree owner setting out the issue, the damage or nuisance being caused, and a reasonable request for action (pruning, root barrier, or removal). This demonstrates good faith and is often a prerequisite for tribunal proceedings.
Determine the applicable statutory regime
In NSW, the Trees (Disputes Between Neighbours) Act 2006 gives the Land and Environment Court jurisdiction to order pruning, removal, or compensation. Other states may use VCAT, QCAT, or local court processes. Identify the correct forum and standing requirements.
Obtain an arborist report
Engage a qualified arborist to prepare a report on the tree's condition, the extent of encroachment or damage, recommended remedial works, and any risk assessment. This evidence is essential for tribunal proceedings.
Lodge the tribunal or court application
Prepare and lodge the application in the correct jurisdiction. In NSW, file with the Land and Environment Court under the Trees Act. Include the arborist report, photographs, neighbour correspondence, and a statement of the orders sought.
Attend the hearing and obtain orders
Present the case at the hearing, including the arborist evidence and proof of damage or nuisance. The tribunal can order pruning, removal, compensation for damage, or a combination. Implement the orders and ensure compliance.
What you will have at the end
A resolved tree dispute — either through neighbour agreement after formal notice, or tribunal orders requiring pruning, removal, or compensation for damage caused by the tree.
Common issues
- Pruning a protected tree without council approval, attracting penalties
- Failing to send a formal notice before commencing tribunal proceedings
- Not obtaining an arborist report, which weakens the evidentiary case
- Overestimating the right of abatement — it does not extend to removing the tree or entering the neighbour's land
- Applying in the wrong jurisdiction or forum
Run this workflow on a real matter
Quillio researches tree dispute legislation across Australian states and helps identify the correct tribunal and standing requirements. See /practice-areas/property-lawyers or start a free trial.
This workflow uses NSW as the primary reference. Tree dispute laws vary significantly by state. Always confirm the applicable legislation, council TPOs, and correct forum for the relevant jurisdiction.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
Start your free trial