What’s the primary legislation that applies to tree disputes between the neighbours?
Trees (Disputes Between Neighbours) Act 2006 (NSW) (Tree Disputes Act) applies to any trees and/or hedges situated on adjoining private lands which include residential, business, industrial, or rural-residential. If an amicable resolution between the neighbours was not achieved or if mediation is not achievable, Land and Environment Court of NSW (L&E Court) can make order for you about the tree in dispute.
If you are a landowner/landholder, you have a legal right to apply to the L&E Court for an order to remedy, restrain, or prevent damage to property on the land or to prevent injury to any person, especially after you have given a warning notice about potential danger to human life, and/or damage to your property. You can lodge Class 2 Tree Applications at the L&E Court in NSW by filling in the relevant Tree Dispute Application forms.
