Sisters in Law: NSW neighbourhood dispute turns ‘ballistic’

A common issue among neighbours has boiled over in a NSW suburb with one resident now threatening to sue.

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise about your rights when it comes to a dispute with a neighbour.

Question:

My neighbour has a really large tree in their yard that hangs over our fence quite considerably. I’ve asked them to trim it back but he says it’s natural for a tree to “spread out” and that’s how he likes it.

I decided to take matters into my own hands recently and chop down the parts of the tree and I took the trimmings into his yard and put them there.

I did this because I read online that you need to put the offcuts into the tree owner’s yard as it’s technically their possession.

My neighbour went ballistic and came round and shouted at me but I know I’m in the right. He said he’s going to sue me – does he have any grounds? – Gerry, NSW

My neighbour went ballistic and came round and shouted at me but I know I’m in the right, said Gerry. Picture: iStock

Answer:

Disputes about overhanging and overgrown trees, particularly where they cause damage to property (like fences), are a common source of angst between neighbours.

There are specific laws in NSW, the Trees (Disputes Between Neighbours) Act 2006 outlines what you can and can’t do when it comes to your neighbour’s trees and how to resolve disputes.

The best approach to take if you are in dispute with your neighbour about issues with overhanging branches or even overgrown hedges obstructing views, or sunlight or roots coming into your property is to try and resolve the issue amicably with your neighbour.

It sounds like you have made some attempt at this, however it is unclear if you warned your neighbour that you were going to chop down some of the branches and leave them in his yard if he refused to prune them.

Depending on what local council area you live in, you may have breached local laws in pruning the tree without the permission of either your neighbour or local council.

Disputes about trees are common among neighbours. Picture: iStock

For example, in the City of Sydney local area you need to apply for permission to prune your neighbour’s tree. Your neighbour will be notified of the application and can comment on it.

If it is approved by council you can prune the tree as long as you don’t enter the neighbour’s property.

Further, before pruning some types of trees (heritage listed or protected trees), your local council likely requires you to seek approval and obtain a permit before doing so.

Also be aware that if you went onto your neighbour’s property without permission to do the pruning or dispose of the branches you may have trespassed onto their property.

If you have trespassed it could lead to your neighbour bringing a civil action against you or you could face criminal charges.

As to the cost of pruning and removal of branches you are correct in your assumption that your neighbour is responsible for any branches that are overhanging into your property, but only if they are causing a nuisance or hazard or are at risk of damaging your property.

If you pruned the tree for purely aesthetic purposes, then you would generally be responsible for the cost of pruning and removing the branches.

If the tree was only pruned for aesthetic purposes than it would be up to you to pay for the costs. Picture: Supplied

If you are in this situation again we recommend being very clear with your neighbour, preferably in writing (to cover yourself), about the impact on you or your property and the steps you intend to take to remedy the situation.

Community Justice Centres provide a free mediation service which can be an effective alternative to legal action.

In the future if you have a similar dispute that cannot be resolved, the legal procedure to follow is to make an application in the Land and Environment Court.

In this court, it is common for people to act for themselves in disputes like this.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

If you have a legal question you would like Alison and Jillian to answer, please email [e-mail]. Get more from Alison and Jillian on their Facebook page