Trees and Tree Disputes:

Trees can sometimes be a source of tension between neighbours, if and when a tree blocks a view, encroaches onto neighbouring land, or whose roots may be causing damage to an adjoining lot. It is best to seek legal advice before taking any action relating to trees.

Under the principles of real property law, a tree, which is affixed to the land, forms part of that land. There are laws that suggest, at least on one interpretation, that a tree which overhangs may be tampered with to a certain degree, to the extent of the overhang itself, and fruit or seeds that fall from a tree onto another person’s property may no longer form part of the neighbour’s property. However, the way that these principles are applied can differ from case to case depending on the circumstances of each matter.  If you have any concerns as to where you stand, you should not take any steps in relation to your neighbour’s tree, without first obtaining legal advice.  More information can be found in our sections on “Neighbourhood Disputes”, “Encroachments and Overhang” and in our “Boundary Disputes” section.

If you are involved in a dispute concerning a tree on an adjoining property, there will usually be a number of pressing legal issues that will need to be considered before appropriate action can be ascertained. Our property lawyers or tree dispute solicitors have been assisting owners of land for over a decade and over this period of time we have accumulated the expertise and skills necessary to deal with these matters.

If you would wish to discuss your dispute with a professional in this field, you can contact our firm to set a meeting with our property solicitors by telephone on (02) 9233 4048 or send an email to info@navado.com. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.