Land and Environment Court Orders Removal of Overhanging Branches
⚖️ Legal holding
Under the Trees (Disputes Between Neighbours) Act 2006, a court may order the removal of overhanging branches if the tree poses a risk of injury or damage to property.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The large wound from previous storm damage on Tree 1 weakens the remaining section of the branch, posing a risk of failure and potential injury.
- The presence of failing limbs on Trees 3 and 4 that could cause damage to property in the near future justifies action according to the Act.
- The applicants offered to share the cost of removing problematic branches from Trees 3 and 4, showing willingness to cooperate.
❌ Tends to be rejected
- Tree 2 has not caused, is not causing, and is unlikely to cause damage or pose a risk of injury in the near future, thus no order was made for it.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about whether overhanging branches from trees on one property posed a risk to the adjacent property.
Which laws or rules were applied?
The Trees (Disputes Between Neighbours) Act 2006 was applied, specifically sections 7, 10(2), and 12.
What was the argument that mattered most?
The argument that mattered most was that the overhanging branches posed a risk of injury or damage to property.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, ordering the removal of overhanging branches.
What does this mean for someone in a similar situation?
Someone in a similar situation might seek a court order to remove overhanging branches if they pose a risk of injury or damage to property.
What evidence or documents mattered?
Evidence of the condition of the trees and the risk they posed was considered by the court.