What if a tree on a neighbour’s tree is inconveniencing me or causing damage to my property?
Council has no legal control over tree plantings on private property, with the exception being on properties for which there is a development application. If you are being inconvenienced by a tree on a neighbouring property, or if you think a neighbour’s tree is causing damage to your property, you should discuss this with your neighbour. If your neighbour is being uncooperative, you should seek advice from a Community Justice Centre or seek legal advice. Council can not inspect a tree for removal without an application under the Tree Preservation Order. The application must be lodged by the owner of the property on which the tree is growing, or by an authorised agent of the owner. Council cannot force residents to apply to Council for tree removal unless Council is able to prove the tree is dangerous, in which case an Order for removal may be issued.
