Tree Dispute Resolution Under NSW Trees Act
📌 In brief
In this case, the NSW Land and Environment Court resolved a dispute between neighbours over a Swamp Mahogany tree. The claimant argued that the tree had caused damage and was likely to cause more damage in the future. The Court agreed and ordered the respondents to hire an arborist to prune the tree to remove deadwood and reduce the crown above the claimant's 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 applicant made reasonable efforts to reach an agreement with the respondents before applying to the court.
- Debris from the tree caused damage to the applicant's roof guttering, causing it to detach from the fascia.
- Sap from the tree stained the applicant's roof.
- Deadwood in the tree's crown is likely to fall and cause damage to the applicant's property or injure someone.
- A specific overextended limb of the tree is likely to fail in the near future.
❌ Tends to be rejected
- The applicant's request for the tree's complete removal was rejected as disproportionate to the minor damage caused.
- There was no evidence to support the claim that the tree's roots had damaged the applicant's property.
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 Swamp Mahogany tree that was causing damage to the claimant's property and was likely to cause more damage in the future.
Which laws or rules were applied?
The Trees (Disputes Between Neighbours) Act 2006 (NSW) was applied, specifically sections 7, 10, and 12.
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 evidence or documents mattered?
Evidence included emails requesting the respondents to take action to remove the tree, a quote and advice from an arborist, and observations of damage to the claimant's property.