As cities turn more urban environments into greener, livable spaces, conflicts between neighbours over trees have become a frequent issue. Arboricultural consultant Clive Woodnutt and thirty-career-property-lawyer Frank Higginson explain the law on tree branches and roots overhanging property. They provide best practices you must adopt to safely get ahead of this dangerous trend. This is precisely the kind of guidance property owners need to help them navigate these difficult, but often easily resolved, situations with the minimum of friction.
Woodnutt said the complexities involved with keeping trees healthy and safe often make it a lethal job. He recommends that homeowners call an arborist or tree care company before doing any trimming themselves. “It is dangerous to perform the task. Go and find a qualified arborist that adheres to rules and legislation,” he states. His worry comes from the dangers of working at heights and using sharp tools.
Higginson says it all comes down to honest, proactive conversation with your neighbors. And he’s right, because most arguments can be solved with an honest face-to-face discussion. “It really starts with, basically, go and have a conversation with your neighbour, rather than go through formal legal stuff,” he says. He’s found that sometimes dialogue is the best remedy when it comes to tree disputes.
Understanding Tree Ownership
In legal terms, Higginson identifies two parties in tree disputes: the “tree keeper” and the “neighbour.” He generously elaborates on the new tree keeper’s role in caring for their tree. “The tree keeper is ultimately responsible for the maintenance of their tree,” he states. In instances where branches and roots extend onto a downstream neighbour’s property, the tree custodian must deal with the trespass that hurts the other property holder.
To Higginson, it’s a common scenario where there’s a whole row of trees encroaching across property lines. “Most weeks, I attend to a tree that’s encroaching on a boundary, whether that’s branches or roots,” he shares. He recommends that when a neighbor won’t trim back overhanging branches, hiring an arborist or other professional could be the next step. “Get an arborist, perhaps. Go to the Queensland Civil and Administrative Tribunal and have a third party make a decision on it,” he suggests.
The laws that regulate these disputes aren’t uniform across Australia. In places like Victoria, for instance, dangerous trees are governed under the blanket of general property law and common law’s tort of negligence. That only Congress can change this, so homeowners need to know their rights and responsibilities towards trees that threaten their land.
The Importance of Professional Help
Both Higginson and Woodnutt emphasize the need to bring in specialists for more complex tree care activities. As Woodnutt explains, there are significant risks associated with any sort of do-it-yourself tree trimming. “I can go through the litany of disasters,” he said, lamenting how dangerous materials can be deadly in the wrong hands. He advocates doing the job with the proper tools, including a silky handsaw that’s ideal for tree pruning.
Higginson stresses that if a tree doesn’t cross property lines, it casts shade or obscures the outlook, neighbors ought to work things out in the backyard. This method builds trust and greater awareness between both constituencies. Sometimes a thoughtful conversation and good faith negotiation can produce an agreeable resolution without the need for litigation.
Homeowners should make use of third-party dispute resolution services offered in every state and territory. Such tree conflict resolution services can mediate and facilitate an amicable resolution between tree and property owners.
Best Practices for Tree Management
Tree advocate Clive Woodnutt states that in this context, mal-maintained trees pose a considerable threat to the welfare of neighbors. “So, if someone has a tree that is poorly maintained, that’s impacting you, most of them don’t maintain it because they haven’t got the money to in the first place,” he explains.
When settlement negotiations go south, Higginson advises them to Keep a Record. Finally, he suggests submitting bids for removal services to the tree guardian. He elaborates, “The formal process is you, as the neighbour, say to the tree keeper, ‘Here’s a quote that I’ve got for the removal.’” This strategy helps have hard conversations about what’s needed most to move forward, without defining animus in the process.
