Neighbourhood Disputes and Trees
Generally, the Trees (Disputes Between Neighbours) Act 2006 (NSW) (“the Trees Act”) provides a process to resolve neighbourhood disputes about trees on private land where damage or injury from has occurred or is likely to; or where hedges are causing severe obstruction of sunlight to a window.
In doing so, the NSW Land and Environment Court (“the Court”) has a range of powers to make such orders as it thinks fit to remedy, restrain or prevent damage or injury.
Before Applying to the Court
The first step is to communicate with your neighbour about the matter and attempt to reach a resolution.
If the matter cannot be resolved between you and your neighbour, mediation may be an efficient resource to discuss the parties’ concerns. Mediation operates as an open discussion between you, your neighbour and a neutral mediator to try to come to an agreement that suits both parties. Community Justice Centres offer free mediation services and can be contacted via its website.
Alternatively, you may wish to have a solicitor of Kennedy & Cooke Lawyers write to the other side on your behalf setting out your position.
Finally, before applying to the Court we recommend booking a consultation with a solicitor of Kennedy & Cooke to discuss the Court’s procedures and jurisdiction to hear your matter.