Bathurst Blog

Trees and Hedges

One frustration in suburban living is trees and hedges overhanging from an adjoining property. This often means restricting views, excluding sunlight, the never ending collection of tree droppings in winter and branch or root intrusion. While an owner has a common law right to cut back anything growing over his property, sometimes more is needed and disputes are not uncommon.

Trees (Disputes between Neighbours) Act 2006 amendments came into force on 2nd August 2010 helping to resolve such issues. Now neighbours who are involved in disputes over such issues are able to go to the NSW Land and Environment Court to resolve their problems. As parties are encouraged to represent themselves, this provides a relatively quick, inexpensive and accessible method of resolving such unfortunate disputes.

For some time local Councils have been concerned and frustrated by issues over trees and hedges. Under the amended laws the court must, as a prerequisite to an order, be satisfied that the person making the application has made reasonable efforts to resolve the issue with the neighbour. The court has the power to order trimming or lopping, reduction of hedge or tree height and indeed the removal of a tree or a hedge. Councils will be empowered to carry out the work if a neighbour refuses, and to recover the cost. For further info refer to http://www.lec.justice.nsw.gov.au/Pages/types_of_disputes/class_2/Trees-hedge-disputes-process/

Raine & Horne Bathurst are ethical and experienced real estate agents who can assist you in any real estate matter. If you have a question, feel free to contact us on 6331 6555 or stop by our offices at 197 Howick Street, Bathurst for immediate attention.

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