Overhanging branches, invasive roots, or trees planted in the wrong place—these are some of the most common causes of neighbour disputes in strata living. Left unchecked, they can escalate into costly, stressful battles.

The good news? With the right approach, clear communication, and an understanding of the law, most tree issues can be resolved without conflict.

Know the Rules Before You Plant or Remove

Each state and territory has legislation governing tree disputes. In NSW, the Trees (Disputes Between Neighbours) Act 2006 sets out how conflicts are handled when they reach the Land and Environment Court.

A few key points:

• You don’t need council approval to plant a tree, but you may need it to remove one.
• Check whether your local council has a tree preservation order (TPO) before pruning or cutting down vegetation.
• Owners corporations should never spend money on trees located on council land, verges, or nature strips—those are the council’s responsibility.

Prevention Is Better Than Cure

Choosing the right species and planting location saves everyone future headaches. For example, plants with aggressive root systems (like rubber trees) will find pipes and drains, causing expensive damage.

A good solution is to create a strata by-law that sets rules around what can be planted, and where. This gives the owners corporation clarity and reduces future disputes.

What You Can Do About Overhanging Branches

Branches or roots crossing into your property can generally be cut back to the boundary line. But:

• Always check for preservation orders first.
• Return the cuttings to the neighbour’s property—they remain the legal owner of the tree.
• Speak to your neighbour before pruning. Cutting half their magnolia tree and tossing the branches into their pool is rarely a good strategy.

What the Law Says About Nuisance

The common law of nuisance covers damage caused to land or buildings by a neighbour’s tree. For example, roots breaking pipes or branches damaging roofs may be a nuisance.

However, nuisance law does not guarantee a right to sunlight or views. The exception in NSW is specific hedge legislation, which may apply if hedges block views or sunlight.

When to Escalate a Tree Dispute

If discussion with your neighbour doesn’t resolve the issue, the next steps may include:

• Raising the matter with the strata committee
• Seeking mediation through NSW Fair Trading
• Applying to the Land and Environment Court under the Trees Act if the problem causes significant damage or risk

Metro Strata’s Advice

At Metro Strata, we encourage owners and committees to:

• Tackle tree disputes early through open communication
• Put by-laws in place to prevent future issues
• Check preservation orders and insurance before acting
• Escalate only when necessary, to avoid costly legal processes

Final Word

Tree disputes are common, but they don’t have to divide a community. With clear by-laws, respectful communication, and a good understanding of your legal rights, you can protect your property while keeping neighbourly relations intact.