Tree Roots:

A dispute in relation to tree roots has the potential to be a complex matter as it often encompasses a dispute about the effect of tree roots on:

• Dividing fences;
• Retaining walls;
• Property and actual or anticipated damage to property;
• Quiet and peaceful enjoyment of one’s property (nuisance).

Disputes about trees and tree roots may be against a neighbour, or even the Local Council, if the tree is located on public land (eg an adjacent park or footpath).

Tree roots and the location, growth and effect of a tree may also be regulated by Local Council planning instruments which could affect one’s ability to cut the tree branches or otherwise remove the tree, especially if it is a protected species.

In dealing with a dispute about a tree or tree roots, Navado will be able to assist in advising you on your rights and assist you in trying to reach a resolution with the owner of the tree. This may include negotiating with the owner or otherwise commencing legal proceedings, if all other avenues have been exhausted. We can also liaise with the Local Council if approval to alter or remove the tree is subject to restrictions.

If you are in dispute about tree roots, we recommend you contact our firm and arrange an appointment to see one of our Neighbourhood Disputes & Trees Solicitors. Please call us on (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.