Disputes over trees can sometimes arise between neighbouring property owners. In such situations the first step is always to discuss the problem with the property owner.
Under NSW laws, Councils cannot intervene or resolve issues between neighbouring property owners regarding trees. Disputes need to be resolved between the parties involved.
If an agreement can’t be reached, the next step is mediation at a Community Justice Centre.
If mediation is unsuccessful, you may consider taking court action. The Trees Act 2006 (Disputes between Neighbours) enables the NSW Land & Environment Court to adjudicate in cases where trees could cause damage or injury or cause excessive shading to a neighbouring property. Lodging an application to the Land and Environment Court does not require legal representation or a solicitor and the lodgement fee to the Court is minimal.
However, the Court will not intervene unless it is satisfied you have made a reasonable effort to resolve the matter with the property owner. You must complete an application form, pay a lodgement fee and attach any supporting documentation including correspondence that demonstrates to the Court you have attempted to resolve the issue. When your application is received, the Court Commissioner will inspect the tree or trees and make a judgement. More information - Trees Act 2006 (Disputes Between Neighbours) – NSW Land and Environment Court.