If you’re dealing with an overhanging tree or encroaching roots from your neighbour’s property in NSW, you’re not alone. Tree disputes between neighbours are common, particularly in established suburbs like those throughout Penrith where mature trees and close boundaries intersect. The good news is that NSW law provides several clear options to address these issues while maintaining neighbourly relationships.

Your Legal Rights Under NSW Law

Tree disputes in NSW are governed by both established common law principles and the Trees (Disputes Between Neighbours) Act 2006 (NSW). These laws work together to balance property rights with practical neighbourhood harmony, giving you several pathways to resolve tree-related issues.

Self-Help Rights: What You Can Do Immediately

Under common law, you have the immediate right to prune branches or roots that cross onto your property, but only up to the boundary line. This “self-help” remedy comes with important conditions:

What you can do:

• Prune overhanging branches back to your property boundary
• Remove encroaching roots from your side of the fence
• Act without your neighbour’s permission

What you must remember:

• Never enter your neighbour’s land without permission (this constitutes trespass)
• Pruned material remains your neighbour’s property and should be offered back to them
• Follow the Australian Standard for Pruning of Amenity Trees (AS 4373-2007) to avoid damaging the tree
• While not legally required, informing your neighbour beforehand maintains good relationships

Check Council Requirements First

Before reaching for the pruning shears, check with your local council. Many areas in western Sydney, including Penrith, have tree preservation orders or require permits for pruning certain trees. This is particularly important for:

• Native trees
• Heritage-listed trees
• Trees of significant size or age
• Protected species

Some councils classify certain trees as noxious weeds, meaning different rules apply. A quick call to your council can save you from potential fines and ensure you’re acting within local regulations.

When Self-Help Isn’t Enough: Court Applications

If the tree issue is severe or your neighbour is uncooperative, the Trees (Disputes Between Neighbours) Act provides a formal resolution pathway through the Land and Environment Court.

Who Can Apply

You can apply to the Court if you’re the owner or occupier of affected property, and the problematic tree is on private land in residential, business, or industrial zones. The Act doesn’t cover rural land or council-owned trees.

What the Court Can Order

The Land and Environment Court has broad powers to order the tree owner to:

• Prune or completely remove the tree
• Prevent further damage to your property
• Remedy existing damage
• Pay compensation for damage already caused

Importantly, the Court can override council tree protection orders when necessary to resolve the dispute.

Before You Apply

The Court expects you to make reasonable attempts to resolve the issue directly with your neighbour first. Document your efforts, including any conversations, emails, or letters you’ve sent.

Claiming Damages for Tree-Related Property Damage

If your neighbour’s tree has caused actual damage to your property (such as blocked pipes, foundation damage, or broken fences), you may have grounds for a compensation claim based on nuisance or negligence.

Success in these claims typically depends on whether the tree owner knew or should have known about the potential for damage. These matters can be complex, requiring careful documentation and often expert evidence.

Building Your Case

Keep detailed records including:

• Photographs of the tree, damage, and property boundaries
• All communication with your neighbour
• Expert reports on tree condition and damage causes
• Repair quotes and receipts

A Practical Approach to Tree Disputes

While you have clear legal rights, the best outcomes usually come from neighbourly cooperation. Start with a friendly conversation explaining your concerns and suggesting practical solutions. Many tree disputes resolve with good communication and a willingness to share costs.

When direct negotiation doesn’t work, consider mediation before pursuing court action. It’s faster, cheaper, and often preserves neighbourhood relationships.

Need Legal Guidance on Your Tree Dispute?

Tree disputes can quickly escalate and involve complex property law principles. At Complete Legal, we help Penrith residents navigate these issues with practical, straight-talking advice that protects your property rights while seeking the most effective resolution.

Don’t let a tree dispute grow into a major neighbourhood conflict. Contact us today for a consultation about your specific situation and discover your best options for resolving the matter efficiently and fairly.