Over the past week I’ve received three inquiries regarding neighbourhood disputes involving tree limbs which overhang adjacent properties so I thought that I’d provide the following information and links.
These disputes can create a great deal of angst between neighbours and it’s always best to resolve them in the most amicable manner and with a common understanding of the legal rights of each property owner.
Whilst Council frequently receives calls from upset residents, it has no authority in these matters which are covered by State legislation. The Department of Justice & Attorney General administers the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 which, like most legislation, can be a bit of a pain to work through and comprehend. To assist residents, it also provides a brief outline of the most commonly asked questions which can be viewed here.