Tree disputes and legal responsibilities can get complicated fast. Our Legal & Liability section helps you navigate the ins and outs of tree ownership, neighbour disputes, insurance claims, and who’s responsible when a tree causes damage. Backed by research and legal references, this section helps you avoid costly mistakes and better understand your rights and obligations.
If you live in an area where 10/50 provisions apply, the scheme allows you to: Clear trees on your property within 10 metres of a home, without seeking approval; and Clear underlying vegetation (other than trees) such as shrubs on your property within 50 metres of a home, without seeking approval. There may be other […]
Can I cut a neighbor’s tree overhanging my yard? Yes, you can, but under certain conditions. There are two rules we are dealing with here. Do I need a permit from the council to trim a tree? Do I need permission from my neighbor to trim their tree? Let’s have a look at both. The […]
In short, you can trim a neighbor’s tree that is overhanging your property. But you need to make sure you are not breaking any tree maintenance says set out by your local council. All councils have a Tree Preservation Order which is a set of regulations about the trimming and removal of trees. In most […]
While trees on the Nature Strip play a significant role in neighborhoods, they can become a nuisance. They can sometimes be dangerous. And if this is the case, can you trim or remove them? No, you cannot trim or remove trees on the Nature Strip. This is because it is illegal. The Nature Strip is […]
Council trees are trees on public land and cannot be touched unless the council has specifically permitted you to do so. To trim a council tree, you will first need to get permission from the Council by applying for a permit. In most cases, they will ask what the issue is and get their tree […]
When a neighbour’s tree falls onto your property and causes damage to a fence, shed, or your home, you may be wondering who is liable. If your neighbour’s tree damages your property, he is not automatically liable for fixing the damage. Here are two scenarios to explain further. If the tree is rotten and prone […]
Trees growing near power lines are a potential hazard. Such trees need to be trimmed or removed for the safety of the people near them and to protect the power line. Homeowners are responsible for trimming trees near power lines on their property according to the Electricity Industry Safety Steering Committee Guidelines. Any tree on […]
Nearly all councils in Australia require property owners to obtain a permit before removing trees on their property. However, there are a few exemptions here and there based on local council-level or state-level tree protection laws. You don’t need the approval to remove dangerous trees or young trees less than 3 meters high, palm trees […]
