TREE & FENCE DISPUTES
It is quite common for trees, hedges and fences to cause issues between neighbours. Because of this, it is imperative to engage the services of an experienced lawyer who can assist you with these types of issues.
The relevant legislation governing this area of law is the Trees (Disputes Between Neighbours) Act 2006 (‘Trees Act’), which governs disputes between neighbouring owners in connection with trees and hedges. The relevant legislation for fences is the Dividing Fences Act 1991.
TREE DISPUTES
If a tree is damaging your property or it can be proven that it is a threat to human life, the first step is to try and resolve the matter with the neighbouring owner. If your discussions with the neighbouring owner do not resolve the dispute, you may make an application to the Land and Environment Court (LEC) and seek the relevant orders to address the dispute. The LEC may make such orders as it sees fit to remedy, restrain or prevent damage to your property, or to prevent injury to any person, as a consequence of the tree. However, before making an application to the LEC, you must satisfy some jurisdictional matters.
FENCE DISPUTES
A dividing fence dispute is a disagreement between neighbouring owners in connection with a fence or proposed fence that separates neighbouring properties. A dividing fence is usually located on the common boundary between the two properties and can also be made up of a hedge. However, it does not include a retaining wall, unless the wall is required to support and maintain the fence.
If a hedge is blocking sunlight or obstructing views, it is still recommended for the affected person to attempt to resolve the issue with their neighbour. If the issue cannot be resolved, you can apply to the LEC for an order. The Court may make such orders as it sees fit to remedy, restrain or prevent the severe obstruction of sunlight to a window (or any view) of a dwelling situated on the applicant’s land, if the obstruction occurs as a consequence of trees comprising the hedge.