How To Deal With Tree Disputes in Canberra

If you are looking to tidy up your section or finally deal with those old trees in the backyard get in touch with Low Cut Tree Services, your local Canberra tree removal arborists.

Who is responsible for an overhanging tree?

Tree disputes are widespread in Australia, with more than 1,000 complaints brought before the courts over the past 13 years. Australian property law has had to find a new approach to dealing with them and can make decisions on trees growing on residential land. A tree dispute is a complaint about an overhanging branch, creeping roots, damaged pipes, or other damage to a tree on a residential property.

The Canberra Government, which may make final decisions and orders in this matter, can step in where your neighbour’s tree is questionable, and the problem can not be resolved otherwise. If your neighbour’s tree causes a problem and you have not been able to agree to it after talking to them, you can tell them that you must remove the tree branch as part of the tree dispute procedure.

How do you deal with a Neighbours overhanging tree?

If you believe that the tree is structurally unsanitary and potentially hazardous, or if you have raised a complaint about the safety of the tree, you may have a tree expert assess its health. To get the council to intervene, they must submit a written report stating that the trees in the area are in a hazardous condition. Neighbours who are aware that a tree on their property is unsafe or belongs to a dangerous species, you should keep a copy of this letter and notify the owner of the tree in writing.

Both the Trees and Disputes Act 2010 and the Separation Act 2008, which came into force on 2 February 2007, set up a legal system to partially take over the process of initiating a tree dispute between the owner of the adjacent land and his neighbours. In addition to the precise legal basis and how the dispute is resolved, the law itself provides that a court may decide certain tree disputes, such as disputes between neighbours and landowners.

At Low Cut Tree Services, we will advise you on the best steps to take in the event of a tree dispute, such as writing a report and contacting the local authorities board. Legal Aid Canberra can not provide legal advice on tree and fence disputes but can advise on tree and fence disputes between neighbours and neighbours. If you have any questions as to whether you are entitled to resolve your neighbour’s tree disputes or need assistance, please contact Low Cut Tree Services or your local council.

Can I force my neighbour to trim his tree?

The Trees Disputes with Neighbors Act 2006, also known as the Trees Act, offers a much cheaper and easier way to resolve tree disputes between neighbours than the remedies currently available. The Tree Law codifies the illegal act of private harassment and provides an alternative way of resolving neighbourhood disputes over trees. This is because it has been introduced to allow neighbours to resolve disputes with trees through a cost-effective and straightforward procedure that does not require a lawyer. However, both the applicant and the respondent can hire a lawyer.

How far does a tree have to be from a property line?

The Neighborhood Dispute Settlement Act 2011 has been comprehensively enacted for all trees, including those with roots that have spread to the soil on a neighbour’s property and those that do not take their responsibilities seriously. Australian law, for example, gives neighbours the right to take action against any tree that might pose a threat to them.

If a tree causes problems for your property, there are things that you can do and procedures that need to be followed, but you must know your legal rights before you enter into a discussion. If you need more information on the law applicable to tree and fence disputes, you will need to seek legal advice as we can provide you with options to resolve the dispute.

Most tree disputes can be resolved through simple communication and compromise, but if that doesn’t work, you may need the advice of a lawyer to seek legal advice and take further action. It is much better to resolve tree disputes through mediation before the matter goes to court. We don’t like to think about therapy or counselling, because that’s just the case if you don’t like the tree.

Who pays when a tree falls on your property?

If you have a neighbour who has problems with your trees, please give us a call, and we can provide you a free quote and further advice on how to deal with this situation.