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ARTICLE · 01 MAY 2017

Tree disputes with neighbours best resolved by mediation

It is better to resolve tree disputes by mediation, but you must know your legal rights before you enter any discussion.

AustraliaReal Estate and Construction

Tree disputes are among the most common causes of problems between neighbours in NSW. Overhanging branches, roots invading under the fence line damaging drains, buildings and driveways, foliage blocking views and the sun... these issues have led to more anger and frustration between neighbours than anything else.

Meet the aptly named Trees (Disputes Between Neighbours) Act 2006 (NSW), set up to "provide a simple, inexpensive and accessible process for resolving neighbour disputes about trees" in the Land and Environment Court – at least that is what the government tells us.

In reality the procedure for dealing with tree disputes under the Trees Act is more complicated than the politicians who made the law would have you believe.

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