Information about disputes between neighbours about trees, overhanging branches, high hedges and bamboos.
Time limit | Action |
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21 days | If you are applying for a tree order in the Land and Environment Court, you need to give your neighbour at least 21 days notice of your application, unless the Court makes different orders. You also need to give the same amount of notice to the Local Council (if there is a Tree Preservation Order) and Heritage Council (if there is a Heritage Order). |
Six years | Â To claim compensation if a tree has caused damage to your property. |
Organisation | Responsibilities |
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NSWÂ Land and Environment Court | Has the power to make various orders to:
|
Authority | Covers |
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Trees (Disputes Between Neighbours) Act 2006Â (NSW) | Outlines the powers of the Land and Environment Court to make orders in cases where a tree is at risk of causing damage or injury to others. It also has provisions about high hedges that block sunlight or views. |
Common term​​ | Definition |
---|---|
Hedge | The Tree (Disputes Between Neighbours Act) 2006 (NSW) defines a hedge as two or more trees over 2.5 metres high (above ground level) that are planted together to form a hedge. |
Heritage Order | An order made by the Heritage Council that states something is protected because of its history or cultural identity. |
​Tree | In the Trees (Disputes Between Neighbours) Act 2006 (NSW), a tree is defined as:
The Trees (Disputes between Neighbours) Regulation 2019 (NSW) defines a tree to include:
|
Tree Preservation Order | An order from the Local Council that states that a tree cannot be removed or lopped (cut) as it is protected. |
Organisation | Fee |
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NSW Land and Environment Court | You have to pay a fee to file an application for the Land and Environment Court to resolve a tree dispute. If you can't afford to pay a fee, you can apply to have the fee waived or postponed in certain circumstances. See Schedule of court fees on the Land and Environment Court website. |
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Organisation | Form |
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NSW Land and Environment Court | To start a case in the Land and Environment Court, you will need to complete an application form. The form that you need to use depends on the type of case you are commencing. See Forms​ on the Land and Environment Court website. |
Organisation | Type | Costs |
---|---|---|
NSW Land and Environment Court | Legal costs | If you apply for a tree order and a Commissioner makes an order, they don't have the power to order payment of legal costs. If either party wants to claim their legal costs, the application will have to be determined by a Judge in the Land and Environment Court. |
Frequently Asked Questions about disputes between neighbours about trees, overhanging branches, high hedges and bamboos.
Last updated: January 2024