Overhanging trees can be a pleasant sight, offering shade and greenery, but can create disputes between neighbours. If branches, roots, or leaves from a neighbouring tree extend into your property, they may cause inconvenience or damage. Understanding your rights and the best approach to tree trimming or removal can help you resolve the issue without unnecessary conflict.
What Should You Do About Overhanging Trees?
While tree-lined neighbourhoods are aesthetically pleasing, unchecked growth can lead to property damage and safety hazards. Before acting, follow the proper legal and neighbourly steps to avoid unnecessary disputes. Here are the recommended actions before proceeding with tree trimming or tree removal.
Seek Your Neighbour’s Consent
Before trimming or cutting any part of a tree that extends over your property, discussing the matter with your neighbour is courteous. While you generally have the right to trim branches encroaching onto your land, ensuring open communication can prevent unnecessary tension. A simple conversation may lead to a mutual agreement about handling the overhanging tree.
Check Local Council Regulations
You may need approval from your local council before trimming or removing overhanging trees. Many councils require a permit, especially if the tree is a protected species. You may have to complete an application, which often needs input from you and your neighbour. Some minor pruning tasks may be exempt from this process, depending on the species and location of the tree.
Legal Options for Overhanging Trees Disputes
If your neighbour refuses to cooperate, and the overhanging tree is causing damage or poses a safety risk, legal avenues are available to help resolve the situation. Specific regulations are in place in New South Wales for tree disputes to balance property rights with environmental protection.
Trees (Disputes) Act 2006
The Trees (Disputes) Act 2006 provides legal guidelines for resolving issues involving overhanging trees and hedges. If a tree from your neighbour’s property is causing significant problems, you can take legal action under this act. Situations covered include:
- A tree causes property damage, such as broken fences or cracked foundations.
- A tree blocking sunlight, obstructing views, or posing a safety risk.
- A dispute where a neighbour refuses to trim or remove an overhanging tree despite reasonable requests.
When a private resolution fails, you can apply to the NSW Land and Environment Court for an official ruling.
Dividing Fences Act 1991 NSW
Some tree disputes fall under the Dividing Fences Act 1991, particularly when the overhanging tree forms part of a natural boundary between properties. If the tree meets the criteria for a dividing fence under this law, the NSW Civil & Administrative Tribunal (NCAT) may handle the case.
Who Is Responsible for Tree Trimming or Removal?
If you want to trim or remove parts of an overhanging tree, you are generally responsible for the associated costs. Even if your neighbour has given permission or the council has issued a permit, the expense falls on the person carrying out the work.
However, in some cases, the court may order your neighbour to contribute to the costs if they have ignored requests or delayed legal proceedings. If the overhanging trees have caused property damage, you may be entitled to seek compensation through legal channels.
Can You Return Trimmed Branches to Your Neighbour?
Legally, you can return trimmed branches, leaves, or other tree debris to your neighbour, as the tree remains their property. However, doing so may escalate tensions. A more diplomatic approach is to discuss with your neighbour how they would like the debris handled. Alternatively, hiring a professional tree removal service ensures that waste is disposed of properly, avoiding unnecessary disputes.
Steps to Resolve Overhanging Tree Issues
If you’re dealing with overhanging trees that are causing concern, follow these steps to address the problem effectively:
- Communicate with Your Neighbour: Discuss your concerns and try to reach a mutual agreement.
- Check Local Council Regulations: Determine if permits or approvals for tree trimming or removal are required.
- Document the Issue: Take photographs and keep records of any damage or risks caused by the tree.
- Seek Mediation if Needed: Consider mediation before resorting to legal action.
- Apply for a Court Order: If all else fails, apply under the Trees (Disputes) Act to obtain a resolution.
Hire Professionals for Tree Trimming and Removal
If trimming or removing overhanging trees is necessary, hiring professionals ensures the job is safe and legal. Pro Climbing Tree Services offers expert assistance in tree trimming and removal, ensuring compliance with local regulations while minimising disputes. Our skilled arborists handle everything from trimming overhanging branches to tree removal, providing a hassle-free experience.
Contact Pro Climbing Tree Services today for professional tree care solutions. Let us help you maintain a safe and beautiful property while avoiding unnecessary legal complications. Call us now on 0415 463 647 or get a free quick quote for expert advice and a free consultation!
