It is a common law that gives you the right to cut.
Jul 01, In February Ms Yueling Liu engaged a tree lopper to cut down two of her neighbour’s trees in the leafy Sydney suburb of Hunters Hill.
She did not have her neighbour’s consent and did not have a permit from the Hunters Hill Council. May 17, But with several laws on cutting back neighbours’ trees in place, your situation may not be as easily rectified as calling in an arborist.
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In fact, this is a matter generally regulated by common law under the ‘branch’ of private nuisance. In NSW, private nuisance matters involving trees are also covered under the Trees (Disputes Between Neighbours) Act (NSW).
This Act regulates all things to do with neighbours’ trees and their removal, permitting you to cut. Oct 09, If you’d like to prune overhanging branches from a neighbour’s tree, you need to apply for permission. All trees of a certain size are protected in the City of Sydney local area. Although you don’t need your neighbour’s permission, you may want to.
If the neighbour's tree has caused damage to your property - such as lifted concrete driveways, damaged foundations or branches that have destroyed your roof.
The next step is to apply to the Local or Magistrates Court for an order requiring your neighbour to remove the tree. Jan 24, Cutting neighbours trees overhanging your property. Updated: 24 January This is a common problem, so there are rules in place for cutting neighbour’s trees overhanging your property.
The simple answer is yes! You are within your rights to trim any branches overhanging your property. But the real question is, what are your local tree trimming laws?Estimated Reading Time: 8 mins. The tree/hedge must be on the land adjoining the affected neighbour’s property. The tree/hedge must be on private property in an urban zone. The person making the claim must be the owner or occupier of the land that adjoins the land on which the tree or hedge is situatstumpchopping.barted Reading Time: 3 mins.
This includes, cutting down, topping, lopping, removing, ringbarking or causing any damage to a tree whether directly or indirectly. The maximum fine in the Local Court is 2, If the tree is particularly significant the case can be heard in the Land and Kasco stump grinder Court.
You’re legally entitled to cut and remove any tree branches or roots that encroach over the boundary of your neighbour’s land and into your land, up to the point of where your property ends.
If you cut anything on your neighbour’s property, you are liable for that as property damage.