Worried about a dangerous tree on your neighbour’s property? You’re not alone. In leafy suburbs, overhanging branches or unstable trees can spark serious concerns, especially when safety or property damage is at stake. But can you legally ask them to remove it? North Shore Tree Services knows these situations can get complicated.
This guide breaks down what counts as a dangerous tree, how to raise the issue respectfully, when to involve an arborist, and what your rights are under NSW law. Whether you're looking to prevent damage or avoid a neighbourhood dispute, we’ll guide you through the safest and most effective steps. Let's get started!
Understanding What Qualifies as a ‘Dangerous Tree’
Not every big or leaning tree is considered dangerous, but some definitely are. Before taking action, it’s important to understand what qualifies as a ‘dangerous tree’ under the law. This isn’t just about how the tree looks; it’s about the real risks it poses to people, property, or public safety. In this section, we’ll break down the common signs of a hazardous tree.
Structural Instability
Leaning Trees
A tree that leans suddenly or noticeably more than it used to could be a red flag. While some trees grow at an angle naturally, a sudden lean, especially after storms or heavy rain, may indicate root damage or instability in the soil. This can increase the risk of the tree falling, especially during high winds, putting nearby structures or people in danger.
Cracks and Splits
Cracks in the trunk or major limbs often point to hidden weakness. They usually form from age, storms, or disease and can cause big branches to snap without warning. Cracks that extend deep into the wood or intersect with other defects should be taken seriously. Even a healthy-looking tree can fail if major limbs are compromised.
Root Problems
Visible Root Damage
Tree roots are essential for stability, so any visible damage, such as roots that are severed, decaying, or exposed, can compromise the tree’s ability to stay upright. Root damage might occur during nearby construction, landscaping, or from soil erosion. If major roots appear broken or rotten, the tree may become unstable and more likely to fall, even without strong winds.
Heaving Soil
Heaving soil around the base of the tree is a warning sign that the tree may be shifting or uprooting. This often appears as raised or cracked ground near the trunk and usually follows periods of heavy rain or strong winds. It’s an indicator that the tree’s root system is under stress and struggling to anchor the tree properly.
Decay and Disease
Fungal Growth
The presence of mushrooms or fungal growth around the base or on the trunk of a tree can be a sign of internal decay. While not all fungi are harmful, some types, like bracket fungi, indicate that the wood inside is rotting. This weakens the tree's structure from the inside out, making it more likely to fail without warning.
Dead or Dying Branches
Branches that are brittle, leafless, or breaking off easily are a strong sign of poor tree health. These dead limbs can fall suddenly, especially in windy or stormy weather, posing a danger to people and property below. If large sections of the canopy look dry or lifeless, it could mean the tree is under stress or dying from the top down, which may require prompt attention.
Pest Infestation
Insect Activity
While some insects are harmless, excessive insect activity can signal deeper problems. Pests like borers and termites can weaken a tree from the inside, damaging its structure and stability. If you notice unusual insect behaviour or signs of infestation, it could mean the tree is already in decline and potentially dangerous.
Bark Abnormalities
The bark of a healthy tree should be mostly intact and firmly attached. Peeling, loose, or missing bark can indicate disease, rot, or internal decay. Abnormal growths like bulges or deep fissures may also point to structural weakness. Trees rely on their bark for protection, so visible damage is often a sign that the tree may be struggling or unsafe.
Environmental Impact
Proximity to Structures
A tree growing too close to a house, garage, fence, or power line can pose serious risks. Over time, its branches may overhang rooftops or wires, and roots may interfere with foundations or plumbing. If the tree becomes unstable or starts shedding large branches, the potential for property damage and personal injury rises. Even healthy trees can be considered dangerous if they’re too close to vital structures.
Soil Erosion
Soil erosion can silently undermine root support, compounding damage from already compromised or exposed roots. This usually happens on sloped land, near waterways, or after heavy rain. When too much soil washes away, the tree becomes vulnerable to toppling in strong winds or storms. Erosion might not be immediately obvious, but signs like exposed roots or receding ground levels around the trunk are clear warnings.
Weather Damage
Storm Impact
Severe storms can weaken or damage trees significantly. Even if the tree survived a storm upright, earlier issues like leaning or cracked limbs could now be worse. Recheck any previous damage.
Ice and Snow Load
In colder regions of Australia, heavy ice or snow can build up on branches and weigh them down. This added load can cause limbs to snap or, in extreme cases, bring the entire tree down. Trees that already have structural issues are especially vulnerable. If you live in an area prone to freezing conditions, monitor trees for signs of bending or cracking under winter weight.
Talk to Your Neighbour First
When dealing with a potentially dangerous tree on your neighbour's property, the first step is always to engage in open and constructive dialogue. This approach fosters a good neighbourly relationship and sets the stage for a collaborative solution to the problem. Here are some considerations to guide you through this process.
Approach the Topic Calmly and Respectfully
It's essential to approach your neighbour in a calm and respectful manner. Anger or accusations can lead to defensiveness and conflict, which is counterproductive. Consider these tips:
- Choose the Right Time and Place: Opt for a casual setting where both of you feel comfortable. Avoid discussing the matter during stressful times or in public settings where either party might feel pressured.
- Use "I" Statements: Frame your concerns in a way that focuses on your feelings and observations, such as "I am worried about the safety of my family because of the tree's proximity to our house," rather than "Your tree is a hazard."
Express Your Concerns Clearly
Articulate your concerns clearly, emphasising the potential risks associated with the tree. Use specific examples to clarify your points.
- Describe the Problem: You might say, "I’ve noticed the tree is leaning after the recent storms," or "Some branches seem to be dead and could fall during high winds."
- Explain the Risks: Highlight the potential dangers, such as property damage, personal injury, or even legal liabilities if the tree were to cause harm.
Provide Evidence and Suggestions
Sharing clear evidence helps your neighbour see the problem, and offering solutions can lead to a better outcome for both of you.
- Share Photos or Videos: Document the tree's condition with photos or videos to visually demonstrate your concerns.
- Suggest Solutions: Be proactive and suggest possible solutions, such as trimming dangerous branches.
Be Open to Their Perspective
Listening is just as important as expressing your concerns. Your neighbour may have insights or considerations you haven't thought of.
- Acknowledge Their Viewpoint: Show empathy by acknowledging their perspective and any constraints they might face, such as financial limitations or sentimental attachment to the tree.
- Discuss Potential Compromises: Be willing to negotiate and consider compromises, such as sharing the cost of professional tree removal or maintenance.
Follow-Up
Once you’ve had an initial conversation, you must follow up to ensure progress is being made and to keep the lines of communication open.
- Schedule a Follow-Up Meeting: Agree on a timeline for when you will revisit the discussion, especially if your neighbour needs time to consider your concerns or obtain professional advice.
- Keep Records: Document your conversations and any agreements reached. This can be useful if further action is required later.
Get a Professional Arborist’s Opinion
Before jumping to conclusions about a neighbour’s tree, it’s important to get the facts straight, and that’s where a professional arborist comes in. A tree might look fine, but only a trained expert can assess its stability and risk. Getting a professional opinion gives you peace of mind and provides solid evidence if you need to take further action.
Why Consult an Arborist?
Consulting one provides you with an expert evaluation of the tree in question. They are trained specialists in assessing tree health and safety risks. Their expertise can help determine whether a tree poses a legitimate threat to your property or safety. A professional assessment can also serve as crucial evidence if legal action becomes necessary.
What to Expect from an Arborist's Assessment
When you hire a professional, they will conduct a thorough examination of the tree. This includes:
- Visual Inspection: They’ll look for telltale signs of internal stress, like major cracks, splits, or decay already covered earlier.
- Risk Assessment: They will evaluate the potential risk the tree poses to your property, considering factors like the tree's size, lean, and proximity to structures.
- Health Diagnosis: They will assess the overall health of the tree, identifying any diseases or infestations that might compromise its stability.
Documentation and Reporting
After the assessment, the arborist will provide a detailed report outlining their findings. This report should include:
- Photographs: Visual documentation of any damage or risks identified.
- Recommendations: Suggested actions, such as pruning, cabling, or removal, to mitigate risks.
- Risk Level: A categorisation of the tree's risk level, which can be used to prioritise actions.
Choosing the Right Arborist
This assessment can help you determine whether the tree truly poses a threat and what actions are legally and practically available to you. But not all arborists are equal. Choosing the right one can make all the difference in resolving the issue efficiently and professionally. What to look for in a qualified one:
- AQF Level 5 Certification: Look for an Australian Qualifications Framework (AQF) Level 5 in Arboriculture. This level ensures they know how to conduct risk assessments and provide official tree reports accepted by local councils.
- Professional Memberships: Membership with industry bodies such as Arboriculture Australia or the International Society of Arboriculture (ISA) shows commitment to best practices and ongoing training.
- Insurance Coverage: A reputable arborist should have public liability insurance and professional indemnity insurance. This protects you in case of property damage or incorrect advice.
- Detailed Tree Reports: Choose someone who can provide written, detailed reports that assess the tree’s health, risks, and potential solutions. These reports are often essential if you need to involve your local council or pursue legal options.
- Clear Communication: They will take the time to explain their findings in plain language, outline your options, and answer your questions honestly.
Check Local Council Regulations
When dealing with a potentially dangerous tree on your neighbour’s property, it's crucial to understand the local council regulations that apply in Sydney, NSW. Navigating these rules effectively can help you determine the appropriate steps to take and ensure you comply with legal requirements.
Understanding Tree Preservation Orders (TPOs)
In many areas, Tree Preservation Orders (TPOs) are in place to protect trees and ensure that any removal or significant alteration is justified and legally compliant. These orders may vary between different councils, so it’s essential to identify whether the tree in question is protected under such regulations.
What is a TPO?
A TPO is a legal order that protects specific trees or groups of trees from being cut down, lopped, or pruned without council permission. It is designed to preserve the environmental and aesthetic value of trees in urban areas.
How to Check for TPOs
Contact your local council office or visit their website to access information on TPOs. Most councils provide online resources or a database where you can check if a tree is covered by a TPO. You may need to provide details such as the tree’s species, location, and size to determine its status accurately.
Check with Your Local Council
- Exemptions for Dangerous Trees: Some councils allow immediate action if a certified arborist deems the tree dangerous. You’ll usually need a written report to support this exemption.
- Permit Requirements: In most cases, you’ll need to apply for a permit to carry out major works on trees, especially if they are significant in size, native species, or located near a boundary.
- Dispute Resolution Processes: Councils often have procedures in place to resolve neighbour tree disputes. They may act as mediators or provide guidelines for how to approach the issue.
- Penalties for Unauthorised Works: Removing or heavily pruning a tree without council approval can lead to fines, especially if the tree is protected or heritage-listed.
Where to Start
- Visit your local council’s website or contact their Environmental or Tree Management department.
- Look up the Local Environment Plan (LEP) and Development Control Plan (DCP) for detailed tree-related rules.
- Ask whether a report is needed before lodging a permit request.
Your Legal Options Under NSW Law
When dealing with a dangerous tree on your neighbour's property, it's important to understand your legal rights and responsibilities. Under NSW law, there are several avenues you can explore to address the issue. This section will outline the legal framework and steps you can take to ensure the safety of your property and family.
Understanding the Trees (Disputes Between Neighbours) Act 2006
The Trees (Disputes Between Neighbours) Act 2006 is the primary legislation governing disputes over trees. This act provides a legal pathway for resolving issues related to trees that may cause harm or pose a danger to neighbouring properties. It is essential to familiarise yourself with this act as it outlines the rights and responsibilities of both you and your neighbour.
Mediation Services
If direct communication does not lead to a resolution, consider engaging a mediation service. The Community Justice Centres (CJCs) offer free mediation services to help neighbours resolve disputes. Mediation provides a structured environment where both parties can discuss their concerns with the assistance of a neutral third party.
Applying to the NSW Land and Environment Court
If negotiation and mediation fail, you have the option to apply to the NSW Land and Environment Court for an order under the Trees (Disputes Between Neighbours) Act 2006. This court has the authority to make legally binding decisions regarding tree disputes. Here's how the process works:
Eligibility and Grounds for Application
To apply to the court, you’ll need to show the tree is putting people or property at risk, causing property damage, or obstructing views. The court will also consider whether the tree is causing damage to your property or interfering with your use and enjoyment of the land.
Gathering Evidence
Before applying to the court, gather substantial evidence to support your claim. This may include:
- Photographs of the tree and its proximity to your property.
- Expert reports or assessments from relevant professionals.
- Documentation of past incidents or damages caused by the tree.
Filing the Application
You will need to complete and submit an application form, along with the necessary evidence, to the Land and Environment Court. There may be a filing fee, so it's important to check the latest costs and requirements on the court's website or consult with a legal professional.
Court Hearing and Decision
If accepted, the court will set a hearing where you and your neighbour can present your sides. The court will consider all evidence and arguments before making a decision. If the court finds in your favour, it may issue orders for the tree to be pruned, removed, or otherwise managed to mitigate the danger.
What Happens if the Tree Causes Damage Before It’s Removed?
When dealing with a potentially dangerous tree on your neighbour's property, it's crucial to learn the implications if the tree causes damage before it's removed. Here, we'll examine the legal and financial responsibilities, as well as the steps to take if damage occurs.
Legal Responsibilities
Property owners have a legal obligation to ensure that their property is safe and does not pose a risk to others. If a tree on a neighbour's property causes damage to your property, several legal principles come into play:
- Negligence: If your neighbour has been negligent in maintaining the tree or ignoring known risks, they may be held liable for any damages caused. To prove negligence, you would need to demonstrate that your neighbour knew or should have known about the danger the tree posed and failed to take appropriate action.
- Duty of Care: Property owners have a duty of care to prevent foreseeable harm to neighbours. If your neighbour was aware of the dangerous condition of the tree and did nothing, this duty has likely been breached.
- Nuisance: If the tree is causing substantial and unreasonable interference with your ability to use and enjoy your property, you may have grounds to claim nuisance.
Financial Implications
When a tree causes damage, financial responsibility can become a concern. Here's what you need to know:
- Insurance Claims: Your first step should be to review your insurance policy. Home insurance often covers damage caused by falling trees, regardless of ownership. Contact your insurer to discuss the specifics of your coverage.
- Liability Insurance: If your neighbour is found liable due to negligence, their liability insurance may cover the cost of repairs. However, this process can be lengthy and may require legal intervention to resolve disputes.
- Out-of-Pocket Expenses: If neither insurance nor the neighbour’s liability covers the damage, you may need to bear the costs yourself initially. Legal proceedings may lead to compensation, but this can take time and could incur further legal fees.
Steps to Take if Damage Occurs
Prompt action is essential when a tree causes damage. Here’s a step-by-step guide on how to handle the situation effectively:
- Document the Damage: Take photographs and make detailed notes of the damage caused by the tree. This documentation is crucial for insurance claims and any potential legal proceedings.
- Contact Your Insurance Company: Notify your insurer as soon as possible and provide them with all necessary documentation. They will guide you through the claims process.
- Communicate with Your Neighbour: Inform your neighbour about the incident and discuss possible solutions. It’s advisable to keep this communication polite and constructive to avoid escalating tensions.
- Seek Legal Advice: If your neighbour is uncooperative or disputes liability, it may be necessary to consult a solicitor. A legal professional can help you understand your rights and the best course of action.
Preventing Tree Disputes in the Future
Dealing with a dangerous tree can be stressful, but it doesn’t have to lead to long-term tension with your neighbour. In fact, with a little foresight and open communication, many tree-related disputes can be avoided altogether. This section will explore practical steps you can take to maintain healthy boundaries.
Open Communication
Establishing Dialogue
The foundation of any good neighbourly relationship is communication. Start by having a simple chat with your neighbour about any tree concerns. This can be as simple as having a casual conversation about the trees on your property and theirs. By opening lines of communication early, you can address potential issues before they escalate.
Regular Updates
Keep your neighbours informed about any planned tree maintenance activities. Whether it’s pruning, treating for pests, or removing a tree, letting your neighbours know in advance shows respect and consideration. This is important if the work might temporarily impact their property or daily routine.
Regular Tree Maintenance
Professional Inspections
Schedule regular inspections of your trees by a certified arborist. Identifying issues like disease, structural weaknesses, or pest infestations early can prevent future problems. A professional assessment will provide you with a clear understanding of your trees’ health and maintenance needs.
Routine Pruning and Care
Regular tree maintenance, including pruning dead or overhanging branches, is essential. Not only does this maintain tree health, but it also reduces the risk of branches falling and causing damage. Routine care can diminish the chances of disputes with neighbours over safety concerns.
Developing a Tree Management Plan
Collaborative Planning
Work with your neighbours to develop a mutually agreeable tree management plan. This plan should outline shared responsibilities, maintenance schedules, and procedures for addressing potential issues. A collaborative approach fosters goodwill and a shared commitment to maintaining a safe and pleasant environment.
Emergency Protocols
Include emergency protocols in your tree management plan. Establish clear steps to follow in case of emergencies, such as a storm-damaged tree posing immediate danger. Knowing how to act quickly and effectively can prevent damage and disputes.
A dangerous tree doesn’t have to lead to a dangerous situation or a neighbourly feud. With open communication, expert help, and awareness of your legal rights, you can tackle the problem calmly and confidently. Don’t wait until damage happens. Talk to your neighbour, call a qualified arborist, and check in with your local council. Prevention is always easier and cheaper than fixing the aftermath.
