Trees are a common source of tension for neighbours, especially when they're a threat or simply annoying.
"Tree disputes can happen when tree branches hang over a fence, fruit, branches, nuts or leaf litter fall into the neighbour's yard, roots damage property, branches block solar panels or natural light, or when a tree is unsafe," explains Logan Mayor Jon Raven.
Whether you're worried about how old mate's tree next door will hold up in the summer storms, or it's just creating more work for you on the weekend, knowing where you stand can be helpful.
What are valid complaints about a large neighbouring tree?
Tree complaints fall into three categories, explains Amanda Farmer, a property lawyer based in Sydney/Gadigal Country.
The first is safety concerns, for example, a tree that might be leaning on a fence, branches dropping into somebody's yard, roots impacting retaining walls or sewer systems.
"Or the tree itself coming down, that could definitely be a concern as we are seeing more dramatic climate events," Ms Farmer says.
There is also property damage. "Roots coming up and cracking driveways, lifting up paving, blocking gutters because of leaf litter," are some examples, Ms Farmer gives.
And then there is general interference with someone's enjoyment of their property, explains Cr Raven.
For example, blocking TV or satellite signals, stopping solar panels working properly, shading sunlight from windows or the roof (if the branches are more than 2.5 metres above the ground), blocking a view that existed when the neighbour moved in (if the tree is at least 2.5m tall), and dropping a large and ongoing amount of litter into the neighbouring yard.
"However, normal tree litter, like leaves, flowers, fruit, seeds, or small pieces of deadwood, is not usually enough to make the owner cut back or remove the tree," Cr Raven says.
There may also be health impacts from a neighbouring bush or plant, says Ms Farmer.
For example, a tree blocking natural light may lead to mould growth, which could ultimately impact someone's health.
"I also had a client with allergies [affected by a tree on a neighbour's property]," she says.
"Whether a tree is causing injury as well as property damage, the court can also look at illness and allergies."
What are the responsibilities of the tree keeper?
The tree keeper is the registered owner of the neighbouring land on which the tree is growing.
It's not only individuals, an organisation or body corporate can also be the tree keeper, explains Ms Farmer.
When it comes to responsibilities, it's pretty simple, says Cr Raven.
"If the tree is growing on your property, you're responsible for it. That includes the roots — not just what's above ground."
Ms Farmer says as the tree keeper, it's good to be as proactive as possible. For example, not waiting for a severe weather event to deal with a precarious tree.
"Don't wait for a neighbour to complain or slap you with a court application," she says.
"Take those reasonable steps to prevent damage to someone else's property, and your own, or injury to any person."
Talking to your neighbour about a tree concern
Start communication about your tree concern early, Ms Farmer says.
"Don't wait until that storm is about to happen tomorrow. Raise the issue before it becomes urgent," she says.
"And before it becomes emotional."
She says disputes often "get out of control" when emotions are involved.
"These disputes are rarely about the trees.
"Like a lot of neighbourhood disputes, they are really about communication breakdowns, misunderstandings, and competing expectations.
"If you have a problem, the best way to start is having a chat to your neighbour. If you don't feel like you can do that, put a note in the letterbox with contact details."
The tree keeper also needs a reasonable amount of time to deal with whatever the issue may be.
"Stick to facts, don't put blame on anyone, focus on safety or property damage, not just personal preference like 'I don't like the tree.'"
She says you should be open to compromise, for example, offering to help prune the tree or seek advice from an arborist.
Cr Raven says sorting these issues out directly is "faster and cheaper than involving mediators, lawyers, or the Queensland Civil and Administrative Tribunal." Each Australian state and territory has a similar equivalent.
If you can't reach an agreement
If the tree issue becomes prickly, Ms Farmer recommends you seek some advice about the relevant tree dispute laws in your state, and any council rules.
"Find out where you stand legally before you commence anything formal," she says.
"You can attempt mediation or conciliation with neighbour."
Cr Raven says if a resident is unable to resolve the matter privately, they can contact their relevant state or territory's dispute or mediation service.
For example, the Dispute Resolution Centre in Queensland, or the Dispute Settlement Centre of Victoria.
As a last resort, Ms Farmer says you can apply to the relevant court in your state or territory for orders.
She says the court has "pretty broad powers" to order whatever is necessary, but commonly includes orders to cut back the tree, remove it, or even pay compensation.
