The Trees (Disputes Between Neighbours) Act 2006, provides a method for resolving some of the tree disputes between neighbours. Previously, common law action for nuisance had to be taken in the Supreme Court.
Applications can be made to the Land & Environment Court for orders concerning a neighbour’s tree or trees that cause or are likely to cause harm, or trees that form high hedges obstructing sunlight or views.
Under the Act, the Court can order a range of actions to stop, prevent or remedy the harm or obstruction.
Failure to comply with an order can result in further proceedings and a fine of up to $5500 (Trees Act, section 15).
G&B Lawyers are experienced litigators in the Land & Environment Court.
We recently won an application in Court for the removal of several large trees which were damaging a sandstone retaining wall of a unit block. An order for compensation for the rectification works to the retaining wall was obtained for our client.
Here is a link to the judgment: https://www.caselaw.nsw.gov.au/decision/567b6fa2e4b0e71e17f4e428
If you have any tree issues with your neighbours, contact G&B Lawyers.
Office: Suite 1, Level 1, 229 Macquarie Street, Sydney, NSW 2000
Mail: GPO Box 1849, Sydney, NSW 2001
M: 0481 287 528