Sep 6, 2020

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Laws and Policies About Tree Obstruction in NSW

aerial shot of neighborhood

A dispute is something we all fear and as much as possible we want to avoid especially if the concerning party lives besides your residence. But, sometimes there are differences that we can’t deflect from particularly when your neighbour’s hedge is hanging on your property or the tree is blocking your window view.

In case this situation will happen, by all means necessary, try to calm yourself and avoid from resolving the matter on your own because you might get into trouble. Australia has laws and policies for is citizen to abide and one of these laws is called the Tree Dispute Act. This act is only applicable to private properties. Let’s find out more about this act to end the dispute between you and your neighbour.

What is a Tree Dispute Act?

The Tree Dispute Act mainly functions as a legal action in dealing with your neighbour’s tree or hedges hanging on your property. This law only applies to disputed trees or hedges located in private land where your neighbour continues to disagree upon your concern. If you want to bring your tree dispute to the court, these are the following grounds you need to take into account.

  • Overgrown roots blocking the pipe or breaking the path
  • Overhanging branches or hedges on your property
  • Branches, fruits or leaves falling into your property
  • The hedge or tree is blocking your view or sunlight to an adjoining home or window 

The adjacent above conditions require other prerequisites to make sure the claim will be made such as:

  • The concern must meet the definition of a tree or hedge stated in the Trees Act
  • The tree or hedge must be on the private property in an urban zone
  • The tree or hedge must be on the adjoining or affected neighbour’s property
  • The person making the claim must be the occupier or owner of the land 

How to resolve the dispute?

The best advice we can offer between you and your neighbour is to establish a good relationship. So, in case a situation may arise, you can openly talk about it and resolve them in private. But, if it’s impossible to remedy the situation and your response to the above criteria is YES, the following steps you need to undertake are as follows. 

  • Resolve the dispute with your neighbour amicably and privately. 
  • If it’s impossible to resolve the dispute amicably, don’t try to resolve the matter by yourself because you might get serious penalties.
  • Get legal advice to assist and walk you throughout the process for application on Land and Environment Court. This will prevent any damages, obstruction and injury to both concerning parties.
  • Then, the Land and Environment Court will provide the order and determine the proper measures to undertake.

Trusted Tree and Landscaping Service Provider in NSW

Keep your lawn well-manicured and polished by entrusting your residential lawn care maintenance to a reliable landscaping service provider in NSW. NS Landscaping has provided professional arborist and first-rate garden services to the vibrant community of Sydney for years. Our team has worked tirelessly to provide you with lawn care and garden maintenance solutions. 

Hiring a trusted team of skilled and professional landscapers will give you peace of mind knowing that your lawn is maintained properly. You don’t have to worry about your hedge hanging around or branches falling off your neighbour’s property when you hire NS Landscaping’s professional team. 

NS Landscaping guarantees you topnotch, affordable and quality workmanship from our team of a skilled arborist in Sydney. Call us today at 0412 614 133 and have your hedge and trees maintained properly by NS Landscaping in NSW.