Tree Disputes

Newhouse & Arnold Solicitors have a team of environmental & planning lawyers who understand neighbour tree disputes in Sydney.

We can offer you cost effective solutions and put you in touch with experienced expert arborists, surveyors and/or heritage consultants to prepare your case. Contact David Newhouse on 02 9922 1100 for your consultation to develop your tree dispute strategy. We can offer you a fixed fee solution.

The Trees (Disputes Between Neighbours) Act – The Trees Act

The Trees Act deals with damage to property or likelihood of injury to persons by tree(s) and high hedges (2.5 metres or more) that severely obstruct sunlight to a window of a dwelling or a view from a dwelling. The part that relates to “high hedges” does not apply to a single tree that obstructs sunlight or view loss.

You may be entitled to damages or compensation and/or orders to remove the tree(s) or hedges. The Court can order whole or partial reimbursement of the costs by the tree owner. Some examples of the types of orders include:

Re-laying of paths or driveway;
• Re-laying of courtyard paving;
• Replacement of sewer pipes;
• Repair of retaining walls;
• Tree removal;
• Pruning tree;
• Root barriers and root pruning;
• Grinding to prevent trip hazards;
• On-going maintenance;

It is essential that you have an experienced environmental lawyer who can resolve your tree dispute in the most cost effective fashion. In most cases there is a time limitation to commence proceedings, so it is important to get early advice as to how to resolve your tree dispute.

Dividing fences

If the tree has damaged a fence on the boundary between your property and the property where the tree is wholly or principally situated and you are seeking an order for rectification of the damage to the fence caused by the tree, you may be entitled to request a further order pursuant to s. 13A of the Dividing Fences Act 1991 concerning any portion of the fence that has not been damaged by the tree but that might also require replacement. Contact our experienced planning and environmental lawyers on 02 9922 1100 for further assistance.