What to Do If a Tree Is Causing a Dispute With Your Neighbour in NSW

Tree disputes between neighbours are more common than most people expect — and more stressful than they need to be.
As arborists, we get called into them regularly, sometimes by both sides of the same fence. In most cases the dispute could have been resolved much earlier with the right information and one honest conversation.
Here’s what you need to know in NSW, and the steps to take, in order, before things escalate.

Important Note

The information in this article is general in nature and is not legal advice. Tree disputes involve specific facts and individual circumstances. If you are involved in a serious dispute, please consult a qualified solicitor before taking action.

The Law in NSW

NSW has specific legislation that deals with exactly this situation: the Trees (Disputes Between Neighbours) Act 2006 (NSW).

This law gives the Land and Environment Court (LEC) the power to order works on a tree — pruning, removal, or ongoing management, where a tree on a neighbouring property is:

• Causing damage to your property
• Likely to cause injury to a person
• Severely obstructing sunlight or a view from your home
• Interfering with solar panels on your home

A few important things to understand before we go any further:

• This Act only covers private land. Trees on council land, street trees, and trees in parks are handled separately through your local council.
• The Act applies to trees on adjoining properties — not trees several blocks away.
• The Land and Environment Court is a last resort, not a first step. Everything below is designed to help you resolve the problem before it gets that far.

What You Can Do Without Asking Anyone

Before any legislation comes into it, you have a common law right to:

• Trim branches and roots that cross onto your property, back to the boundary line
• You do not need your neighbour’s permission to do this
• You must offer the cut material back to the tree owner — you cannot dump it on their side of the fence
• You cannot go onto your neighbour’s property without their permission
• You must not cause unnecessary damage to the tree in the process

One important check first: Some trees in Newcastle and the Hunter Region are protected under local council Tree Preservation Orders or are heritage listed. A protected tree does not lose that protection just because a branch crosses your fence. Check your council’s tree permit register before you cut anything — otherwise you may be the one facing a fine.

The Steps to Take — In Order

Step 1: Document Everything Before You Do Anything

Before you speak to your neighbour or contact anyone else, build your evidence file:

• Take photos with timestamps and location data turned on
• Write down dates of any conversations
• Record any damage — cracked paths, pipe issues, roof damage, or reduced solar output
• If your solar panels are affected, pull your generation data to show the drop in output. This is measurable, specific evidence that carries real weight.

Step 2: Talk to Your Neighbour

This sounds obvious but it is the step most people skip — and it resolves the majority of disputes. Many neighbours genuinely do not know their tree is causing a problem.

If a face-to-face conversation feels uncomfortable, write to them instead. Keep the tone factual and calm. Explain the problem clearly, say what you are asking them to do, and give them a reasonable timeframe to respond. Keep a copy of everything.

Step 3: Get an Independent Arborist Assessment

This is often the single most effective step in the entire process — and it should happen before any legal action, before council involvement, and ideally before mediation.

Here is what an independent arborist assessment does for you:

• Establishes the tree’s actual condition and risk level objectively — based on facts, not opinions
• Gives both parties the same information to work from, which often moves things forward quickly
• Creates a written record that a risk was identified and communicated — this matters for liability if the tree later causes damage
• Identifies what works are actually needed — full removal is often not necessary
• Carries significant weight in any subsequent LEC application

Waratah Professional Tree Care provides onsite arborist consultations from $110 for up to three trees across Newcastle, Lake Macquarie, Maitland, and Port Stephens.
Call Steven Brown on 0414 706 653.

Please note: For formal arborist reports prepared specifically for LEC proceedings, you will need a report from an AQF Level 5 Consulting Arborist.
We can point you in the right direction during your consultation.

Step 4: Contact Your Council Where Relevant

Get in touch with your local council before taking further action if:

• The tree may be protected under a Tree Preservation Order
• The tree is on council land or a street verge — never prune or remove a council tree yourself
• The tree is heritage listed
• The tree poses an immediate danger — councils have emergency response obligations for trees on public land

Council contacts in the Hunter Region:

• City of Newcastle: 02 4974 2000
• Lake Macquarie City Council: 02 4921 0333
• Maitland City Council: 02 4934 9700
• Port Stephens Council: 02 4980 0255
• Cessnock Council: 02 4993 4100

Step 5: Try Free Mediation First

Before you go anywhere near a court, consider NSW Fair Trading’s Community Justice Centres. This is a free mediation service available to all NSW residents.

• It costs nothing
• No lawyers are required
• It is significantly faster than court
• A trained mediator helps both parties reach a voluntary agreement
• Agreements made through mediation can be made binding if both parties agree

This step alone resolves a large proportion of the disputes that reach it. It is always worth trying before spending money on legal proceedings.

To find out more or apply: visit the NSW Fair Trading website or call 13 32 20.

Step 6: Land and Environment Court

If everything above has failed, the LEC is the formal legal pathway under the Trees Act.

Do you need a lawyer? Not necessarily. The LEC Class 2 jurisdiction is specifically designed to be accessible to people without legal representation. Many applicants represent themselves successfully. That said, if your matter involves significant property damage, a personal injury claim, or complex heritage issues, it is worth getting legal advice before you file.

What the Court can order:

• Pruning or ongoing management of the tree
• Full removal
• Compensation for damage already caused
• A deadline by which the tree owner must carry out works

What the Court looks at:

• The nature and severity of the problem
• Whether you took reasonable steps to resolve the matter first — this is why Steps 1 to 5 matter
• The value of the tree to its owner and the broader neighbourhood
• Whether the tree is protected, heritage listed, or has ecological significance
• For solar panels: documented evidence of reduced energy generation

Filing fees apply. Check the NSW Land and Environment Court website for current fees before you apply.

Solar Panels: A Stronger Position Than You Might Think

If a neighbouring tree is blocking your solar panels, your position under the Trees Act is actually stronger than a general sunlight or view argument. The Act specifically covers interference with solar panels on a dwelling, and the courts have shown willingness to order works where measurable generation loss can be demonstrated.

The evidence that helps most:

• Solar generation data showing output before and after the obstruction began
• A report from your solar installer confirming the obstruction is the cause
• An arborist assessment identifying exactly which growth is responsible

We recommend checking the current state of case law on solar panel disputes with a solicitor before filing — this area continues to develop through LEC decisions.

Dangerous Trees — When to Move Faster

If you believe a neighbour’s tree is at genuine risk of falling and causing injury or serious damage, do not wait for a court process. Take these steps immediately:

• Photograph the tree now — document what you can see
• Write to your neighbour stating the risk clearly. Do this in writing so there is a record that they were informed.
• Contact your council’s compliance team — councils have powers to issue orders on privately owned trees in some circumstances where public safety is at risk
• If you believe the risk is imminent: contact NSW Police or your council’s emergency line

A written arborist assessment that clearly establishes the risk, delivered to your neighbour in writing, is often enough to prompt action without any formal proceedings at all.

If a Rental Property Is Involved

Tree disputes get more complicated when a rental property is part of the picture. Here is how each scenario works.

The tree is on the property you are renting and your neighbour has Complained

If a neighbour has come to you about a tree on your rental property — the answer is clear:

You cannot make decisions about trees on a property you rent. That is not your role.

• Do not agree to anything, make any commitments, or arrange any works
• Tell your neighbour calmly that you are a tenant and do not have authority over tree management on the property
• Report the complaint to your property manager in writing straight away — email is ideal as it creates a dated record
• Include your neighbour’s contact details, the nature of the complaint, and any photographs
• Follow up if you do not get a response — especially if there is a safety concern involved

You are not liable for the tree. But if you are aware of a complaint or a safety risk and do not report it, your position becomes difficult. Report it promptly and in writing, and your obligation is met.

The problem tree is on a neighbouring rental property

Do not waste time talking to the tenant next door, they have no authority to act on tree matters.

• Identify the property manager and contact them in writing with photographs and a description of the issue
• If you cannot find the property manager, a title search through the NSW Land Registry will give you the landlord’s details so you can contact them directly
• Property managers are obligated to pass safety and damage complaints to the landlord promptly. Follow up in writing if you do not receive a timely response and keep a record of every attempt
• If neither the property manager nor the landlord responds to documented safety concerns, escalate to NSW Fair Trading mediation or the Land and Environment Court
• The LEC takes a dim view of landlords who have been notified of a known risk in writing and failed to act. Your documented contact attempts become important evidence.

You are a landlord

You are the responsible party for tree management on your investment property, not your tenant and not your property manager.

• If your property manager has notified you of a tree complaint or safety concern and you have not acted, your liability exposure is real
• Commission an arborist assessment as soon as a risk is raised — it establishes the facts objectively and shows you took the matter seriously
• Do not rely on your property manager’s judgment alone when it comes to tree safety. Get an independent arborist opinion.

FAQs

Q: My neighbour’s tree has damaged my fence. Who pays?

A: This depends on whether negligence can be established. If your neighbour knew about the risk and failed to act, they may be liable. If the failure was genuinely unforeseeable, each party typically covers their own costs. A written arborist assessment establishing that the risk was known and communicated is the key piece of evidence in any negligence claim.

Q: Do I need a lawyer to take a tree dispute to the Land and Environment Court?

A: No — the LEC Class 2 jurisdiction is designed to be accessible without legal representation and many people represent themselves. For matters involving significant damage, injury, or heritage complexity, getting legal advice before you file is worthwhile.

Q: Can my neighbour stop me trimming branches that hang over my property?

A: No — your common law right to trim back to the boundary is well established. However you must not cause unnecessary damage to the tree, you cannot go onto their property without permission, and you must check whether the tree is protected under a local TPO before you cut anything.

Q: Does the Trees Act cover roots that are damaging my pipes or foundations?

A: Yes. Root damage to underground pipes, foundations, and structures is within scope. Get a plumber’s or builder’s report confirming the roots as the cause, alongside an arborist assessment — together these make a strong case.

Q: What if my neighbour ignores my written notification about a dangerous tree?

A: Their inaction after written notification strengthens your position considerably — both for an LEC application and for any future negligence claim if the tree causes damage or injury. Keep all correspondence and escalate to NSW Fair Trading mediation or the LEC if they remain unresponsive.

Get in Touch With Our Arborists

Dealing with a neighbour tree dispute?
An independent arborist assessment is often the single most effective step, it gives both parties objective information and creates a written record of any risk identified.
Waratah Professional Tree Care provides onsite consultations from $110 for up to three trees across Newcastle, Lake Macquarie, Maitland, and Port Stephens.
Call us on 0414 706 653 or book online.