Tree dis­putes among neigh­bours – know your rights

Tree disputes among neighbours – know your rights

There is a little-known piece of legislation in NSW called the Trees (Disputes Between Neighbours) Act 2006, and it has been the subject of several decisions recently in the NSW Land and Environment Court.

In an ideal world, a property owner with concerns about a neighbouring tree, hedge, or stands of plants, would resolve the situation amicably.

But as the name of the Act suggests, too often these issues are the subject of disputes, and some of them will find their way to court.

There have been two recent examples; one at Dural in Sydney's northwest, and another at Forster on the mid-north coast.

Both cases ended the same way – the aggrieved party's application to have neighbouring trees or hedges trimmed or removed was refused.