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Please don’t.
Trees and fences generally have a way of turning neighbours against one another. So much so, in fact, that the NSW Government enacted specific laws to deal with both: the Trees (Disputes Between Neighbours) Act 2003 (Trees Act) and the Dividing Fences Act 1991.
These Acts give the Local Court special power to make orders with respect to trees and fences that avoids the need for land owners to go to the effort of proving a nuisance, trespass or some other relevant wrongdoing before a remedy is available.
If a tree, or part of a tree, is causing damage to your property or poses a risk to safety to your property or yourself, you can apply to the Court for an order that the tree be removed, trimmed, thinned, or any other order that the Court considers appropriate in the circumstances.
Similar orders are available in circumstances where a tree or hedge is blocking access to sunlight or views.
But speak to your neighbour first before you take formal action. It could save you money in legal fees and improve your relationship with your neighbour.
Even if you have your neighbour’s consent to remove or trim a tree, it is very important that you do not do anything to a tree without first speaking with your local council. Click here to read our article on cutting down trees in your backyard and the potential legal ramifications of not having consent.
If you think that you have grounds for an application to the Local Court, contact us and we can help you put it all together.
Lorri is a director of PDC Law. Lorri combines excellent technical expertise with a common-sense approach to best represent her clients. She is one of few Accredited Specialists in Commercial Litigation in the Illawarra and Shoalhaven. This accreditation is testament to Lorri’s expert knowledge and skill in dealing with commercial disputes. In 2019 Lorri was awarded Regional Lawyer of the Year by Women Lawyers Achievement Awards.
