Tree Causing Property Damage Must Be Removed - Land and Environment Court Decision
📌 In brief
The Land and Environment Court decided to remove a Norfolk Island Pine because it was damaging the claimant's property. The court considered the stability of the tree and the impact on the soil stability before making the decision.
⚖️ Legal holding
A tree must be removed if it causes damage to a neighbour's property and the damage is likely to continue.
📚 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 tree's roots likely caused damage to the wall due to its size, soil type, and shallow wall footings.
- The Norfolk Island Pine contributed to the damage of the applicants' eastern boundary wall.
- Removing the tree would allow for more conventional and less expensive strip footings for the wall.
- The tree's removal is necessary because if it were retained, future damage might arise as it continues to grow.
- The respondent must contribute 80% of the labor and material costs for laying five courses of block work for the wall.
❌ Tends to be rejected
- The applicants' claim that debris from the tree caused damage to their house or pool was not supported by evidence.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about a Norfolk Island Pine that was causing damage to the claimant's property, including cracks in the masonry wall and potential debris from the tree.
Which laws or rules were applied?
The Trees (Disputes Between Neighbours) Act 2006, specifically sections 7 and 10(2), were applied.
What was the argument that mattered most?
The argument that mattered most was that the tree was causing damage to the claimant's property and the damage was likely to continue.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the claimant.
What does this mean for someone in a similar situation?
For someone in a similar situation, if a tree on a neighbour's property is causing damage to your property and the damage is likely to continue, you may be able to seek an order for the removal of the tree.