Overhanging tree branches in a neighbouring property causing a hangover? How might a solicitor help?

Disputes with neighbours over trees with overhanging branches or where there is the potential for property damage are not uncommon but best settled amicably if possible. If the problem persists, speaking with a solicitor about your rights and potential ways of resolving the matter is likely to be the way forward.

In NSW, private nuisance matters involving trees are regulated by the Trees (Disputes Between Neighbours) Act 2006. Under this Act, it is possible to apply to the NSW Land and Environment Court for an order to ‘remedy, restrain or prevent damage to property on the land, or prevent injury to any person’ relating to a tree in a residential area.

When it comes to overhanging tree branches, it is not wise to cut the branches without talking to your neighbour and often the local authority. There may be, for example, a tree preservation order in place which can result in a fine if breached. What is covered by an order can also vary depending on the council.

How can Szabo & Associates help with a tree dispute?

Szabo & Associates Solicitors can advise on how best to resolve a dispute with a neighbour. We can advise on legal rights, and what courses of action are available, including mediation, help complete forms or write letters of complaint. The issues, as explained by a solicitor, may be persuasive to a neighbour and prevent the need to resort to Court. However, if required, we can provide representation in Court.

Contact our Land and Environment Court Lawyers based in Sydney, NSW

Szabo & Associates Solicitors are experienced practitioners in tree disputes and all property-related issues. Please contact us on 02 9281 5088 or complete the online contact form.