Step one: work out what you are actually complaining about
Be specific with yourself before you speak to anyone. "The tree is annoying" is not a case. These are:
- A limb hangs over the roof and is structurally compromised.
- Roots have lifted the path or entered a drain.
- Fruit or heavy leaf litter is blocking the gutters every autumn.
- The canopy has grown so far over that half the yard no longer gets sun.
The first two are property damage or risk of injury, which is what the Trees (Disputes Between Neighbours) Act 2006 deals with. The third is a nuisance you have a right to abate at your own cost. The fourth may be a hedge matter if there are two or more trees planted in a line, and otherwise is generally not actionable at all.
Knowing which one you have determines everything that follows.
Step two: talk to them
In person, early, before you are angry. A large proportion of tree owners genuinely have not looked at the back of their own tree in years, and a surprising number are happy to split the cost of pruning once somebody points out the problem.
Go in with a proposal rather than a complaint. "I'd like to get the limbs over my roof reduced — I'll get a quote and we can split it" lands very differently from "your tree is a menace". If they agree, get a proper quote and put the arrangement in writing, including who is paying and what exactly is being cut.
Step three: put it in writing
If the conversation goes nowhere, send a short letter. What the tree is doing, what damage or risk it is causing, what you are asking for, and a reasonable deadline. Attach dated photographs. Keep it factual.
This is not a formality. It becomes the evidence that you made a genuine attempt to resolve the matter, which the Court expects.
Step four: get evidence
Dated photographs from several angles, including the base of the tree and any damage. Repair quotes if something has already been damaged. Where safety is the issue, a written report from a consulting arborist assessing the tree's structure and the risk it presents.
An arborist report is the single most useful document in these matters. It converts your opinion that a limb looks dangerous into a professional assessment that can be tested, and it is what a court will rely on.
Step five: mediation
Community Justice Centres provide free mediation across New South Wales for neighbour disputes and resolve a great many of them. It is faster and cheaper than court, it does not require anyone to admit anything, and it produces an agreement both sides had a hand in. Worth doing before an application.
Step six: the Land and Environment Court
If it still cannot be resolved, an application under the Trees (Disputes Between Neighbours) Act 2006 goes to the Land and Environment Court. The Court can order pruning, removal, ongoing maintenance, works on either property and compensation for damage already caused, and can decide who pays.
It is accessible without a lawyer, but it takes months and it requires evidence. For most overhanging branch problems it is out of proportion to the issue.
Meanwhile, your own right to cut
While all of this is going on, you retain the common law right to cut back what overhangs your boundary — at your own cost, to the boundary line, without entering their land, subject to council tree controls. The responsibility guide covers the limits, and cutting overhanging trees covers doing it properly. Whatever you do with the cuttings, read this first.
This is general information, not legal advice. For pruning work on either side of a boundary, ring (02) 4210 5885.
Frequently asked questions
How much does a Land and Environment Court tree application cost?
There is a filing fee, and beyond that the real cost is usually an arborist's report and any legal help you use. It is designed to be accessible without a lawyer and many applicants run their own matter, but it still takes time, evidence and several months. For most overhanging branch problems it is disproportionate, which is why the first three steps below matter so much.
What if my neighbour refuses to talk about it?
Put it in writing anyway — a short, factual letter describing the problem, what you are asking for, and a reasonable time to respond. Keep a copy. Community Justice Centres offer free mediation in New South Wales and it resolves a great many of these. If it still goes nowhere, that written record is what demonstrates you made a genuine effort before applying to the Court.
Can I claim for damage the tree has already caused?
Under the Trees (Disputes Between Neighbours) Act 2006 the Land and Environment Court can order compensation for damage to property caused by a tree on adjoining land, as well as ordering work on the tree. Whether you succeed depends on evidence — photographs, reports and quotes for the repair. Start collecting that the day you notice the problem, not the day you decide to act.