Tree Dispute Lawyers
We are experienced in tree and hedge disputes. Get into contact with us for a free first consultation.
It is not uncommon for trees, hedges and fences to cause a rift between neighbours. If you find yourself in such a situation, you should consider obtaining the services of an experienced neighbourhood and tree dispute lawyer who can assist you through the process.
There is a lot of complex legislation governing this area of the law, including the Trees (Disputes Between Neighbours) Act 2006 (‘Trees Act’), which concerns both trees and hedges, as well as the Dividing Fences Act 1991, which concerns fences. In circumstances where you would like your neighbour’s tree or hedge trimmed, maintained or cut down entirely, you will often need to make an application to the Land and Environment Court.
However, before an application can be made to the court, you must be able to show that you made a reasonable effort to resolve the matter with your neighbour on whose land the tree or hedge is located. In order to provide evidence of this to the court, this is something best done in writing.
The court will only make an order with respect to a tree if it is of the view that it has caused, is causing, or is likely in the near future to cause, damage to property or is likely to cause injury to any person. This is not an easy threshold to overcome and will usually require expert evidence.
The court may make orders to remedy, restrain or prevent damage to property or to prevent injury to any person when damage or injury arises from a tree that is situated on adjoining land. The Trees Act also permits the Court to order compensation for, or rectification of, damage to property caused by a tree.
For the court to make orders with respect to a neighbouring hedge, it must firstly be satisfied that it is a hedge. Whilst this may come as surprise, often this becomes a central point in the dispute. A hedge must comprise of two or more trees (at least 2.5 metres high) and cannot consist of a single tree.
Once the court is satisfied that it is a hedge, it must then be satisfied that the hedge severely obstructs sunlight to a window in a dwelling or a view from a dwelling. Again, this does not apply to single trees obstructing sunlight to a window in, or a view from, a dwelling.
The court may make orders to remedy, restrain or prevent the severe obstruction of sunlight to a window of a dwelling, or any view from a dwelling, if the obstruction occurs as a consequence of trees comprising the hedge. The orders frequently made by the court are to either have the hedge removed entirely, or that it be pruned on a regular basis to maintain it within designated parameters.
It is most common for each party to bear their own costs of the proceedings, but there are exceptions. Should your neighbour fail to follow the court’s orders, despite a successful outcome in court, enforcement proceedings can be commenced which can result in severe penalties for whoever is found to be in breach. Further helpful information can be found on the court’s website.
Disputes involving trees, hedges and fences require a tree dispute lawyer familiar with the Trees Act and other relevant legislation. Our lawyers have acted for many clients involved in neighbourhood disputes and have the experience and drive to help you get the result you desire. Get into contact with the team at Pagin + Mak Lawyers for a free consultation . We are more than happy to discuss any questions you may have and explain the process in greater detail.
Disclaimer:
The information above is intended as general information only and should not be relied on. You should discuss your individual situation with a lawyer.
Contact us to discuss your matter
Please fill out the below form and one of our lawyers will be in touch with you as soon as possible.