Who is the "tree-keeper"?

The tree-keeper is the owner of the land on which the tree is rooted. The owner — not the tenant — is the legal target of the notice and any tribunal application, because only the owner has the legal capacity to act on the tree. If the property is owned in joint names, name all owners. The land title (available from the State land titles office) is the authoritative source. In Queensland the definition is in s 48 of the Neighbourhood Disputes Act 2011.

Can I just cut the overhanging branches myself?

You generally have a common-law right to "abate" the nuisance by cutting branches that overhang your boundary — but you must take reasonable care, return the cut material to the tree-keeper, and not damage the tree-keeper's property. Self-help is risky for substantial works; you may be liable if the tree dies, if the cut destabilises the tree, or if you damage the neighbour's property in the process. For anything beyond minor overhanging branches, use the statutory framework — it produces enforceable orders and pre-empts the liability risk.

How long do tree tribunals usually take?

In NSW, 2024 data shows a median completion time of 108 days , with 75% of applications finalised within 6 months. Queensland QCAT applications are typically completed within 6-12 months. Tasmanian Magistrates Court applications can be faster. Common-law nuisance proceedings in the other jurisdictions vary widely but typically take 6-18 months. Reasonable steps and a well-prepared application with a qualified arborist report tend to resolve faster — many cases settle before hearing.

Will the tribunal order the tree to be removed?

Removal is the most extreme remedy and is reserved for substantial cases — typically where pruning would not resolve the harm, where the tree is in fundamental decline, or where the tree poses a serious and ongoing safety risk. Tribunals are conservative about removal of significant trees (mature, heritage-listed, environmentally important species). Pruning and root barriers are more commonly ordered. The arborist report typically guides the choice of remedy — and the tree-keeper has a right to be heard on any proposed removal.

What is "severe obstruction" of sunlight or view?

Severe obstruction is a narrow concept — it applies only to hedges (not single trees) under the NSW Act, and only where the hedge obstructs sunlight to a window of a dwelling or a view from a window of a dwelling. The hedge must be at least 2.5 metres tall and the obstruction must be severe (not merely inconvenient). The right was added by amendment in 2010 and is used relatively rarely. For ordinary obstruction by a single tree, the affected neighbour generally has no statutory remedy and must rely on common law nuisance — which has a higher threshold.

Who pays for the works?

The tribunal may order the tree-keeper to pay for the works (pruning, removal, root barrier), to share the cost with the affected neighbour, or to allow the affected neighbour to engage a contractor at the tree-keeper's cost. Where the damage to the affected neighbour's property has already occurred, the tribunal may order compensation. Where the tree is a "shared benefit" (provides shade or privacy to both properties), shared cost is more likely. The tribunal also has discretion to award costs of the application — including the cost of the arborist report.

What if the tree was there first?

The fact that the tree pre-existed the affected neighbour's ownership of their property is not a defence under the statutory regimes — the affected neighbour is entitled to a tribunal order on the same basis whether or not they were the original owner. Under common law nuisance, the "coming to the nuisance" principle has historically limited recovery for activities the plaintiff was aware of when they bought the property — but the position has been substantially modified by case law and now turns on the reasonableness of the conduct.

Can the tree-keeper refuse to act?

The tree-keeper can refuse to act, but doing so usually leads to a tribunal application. A well-prepared notice — qualified arborist report, dated photographs, damage cost estimate, a reasonable alternative arrangement offered — makes the refusal very risky for the tree-keeper because the tribunal is likely to make orders and may award costs. Tribunals are generally very willing to make orders against tree-keepers who refused to engage with reasonable proposals. Engaging now is usually cheaper than the tribunal application later.

PropertyAustralia

Neighbour Tree Dispute Notice (Australia)

When a neighbour's tree is damaging your property, risking serious injury or severely obstructing your light or view, the Australian framework is state-driven. New South Wales operates the most developed regime — a standalone Trees (Disputes Between Neighbours) Act 2006 heard in the Land and Environment Court by specialist tree commissioners (Form H for damage / injury, Form I for obstruction); in 2024 the median application was finalised in 108 days. Queensland uses QCAT on Form 51 under the Neighbourhood Disputes Act 2011, with a substantial-ongoing-unreasonable interference test. Tasmania uses the Magistrates Court Civil Division under the Neighbourhood Disputes About Plants Act 2017. The other States rely on common law nuisance and trespass through the Magistrates Court. Our free template is state-aware and produces the formal notice each forum expects before any tribunal application.

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Tree Dispute Notice — Notice to the Tree-Keeper

Notice Under Trees (Disputes Between Neighbours) Act 2006 (NSW) · 12 June 2026

Rebecca J. Holloway

47 Cooper Street, Chatswood NSW 2067

0413 768 521

rebecca.holloway@email.com.au

12 June 2026

Mr Andreas T. Volkov

49 Cooper Street
Chatswood NSW 2067

TREE DISPUTE NOTICE — DAMAGE TO PROPERTY

47 Cooper Street, Chatswood NSW 2067 · New South Wales

Dear Mr Andreas T. Volkov,

I am the owner of the property at 47 Cooper Street, Chatswood NSW 2067, immediately adjoining your property at 49 Cooper Street, Chatswood NSW 2067. This is a formal notice that a tree on your property — which makes you the "tree-keeper" — is causing or is likely to cause damage to my property. I write under Trees (Disputes Between Neighbours) Act 2006 (NSW) requesting that you take the action set out below.

THE PARTIES, THE PROPERTIES AND THE TREE

Affected neighbour (sender): Rebecca J. Holloway
Address: 47 Cooper Street, Chatswood NSW 2067
Telephone: 0413 768 521
Email: rebecca.holloway@email.com.au
Affected property: 47 Cooper Street, Chatswood NSW 2067

Tree-keeper: Mr Andreas T. Volkov
Tree-keeper property: 49 Cooper Street, Chatswood NSW 2067

Tree species: mature Camphor Laurel (Cinnamomum camphora)
Location on the tree-keeper property: approximately 1.5 metres inside your boundary, immediately south-west of your garage and overhanging the common boundary by 4-5 metres of canopy
Approximate height: approximately 16 metres

Governing law: New South Wales, Australia

THE HARM AND THE REQUESTED ACTION

Nature of the harm: damage to property
Description of the harm:
The tree has caused, and is continuing to cause, damage to my property in three ways. First, the roots have lifted and cracked a 6-metre section of the brick boundary wall on my property — the cracking is now severe enough that a 2-metre section is unstable. Second, falling Camphor Laurel limbs and seeds have repeatedly damaged my colorbond garage roof since November 2025 (three reportable incidents). Third, the canopy is shedding sap and seed onto my paved courtyard and rear garden, requiring weekly cleaning and killing a row of established roses planted along the boundary.

Requested action: I ask that you undertake a combination of pruning, removal and compensation as set out below.

Detail of the requested action:
I am asking for (i) substantial pruning to remove the canopy that overhangs my boundary by more than 1 metre and to remove the major limbs above the garage; (ii) root-barrier installation at your cost to prevent further damage to the boundary wall; and (iii) compensation for the cost of repairing the cracked section of the brick wall (currently estimated at $4,800).

STATUTORY TEST AND THE HARM

Statutory framework: after reasonable steps to consult the tree-keeper, the affected neighbour may apply to the Class 2 list of the Land and Environment Court on Form H (Trees Act ss 7 and 9 — damage to property or risk of injury) or Form I (s 14B — severe obstruction of sunlight or view); in 2024 the median tree application was finalised in 108 days, with 75% finalised within 6 months.

Damage to property: Cracking and partial collapse of a 6-metre section of brick boundary wall on my property (independent inspection report dated 28 May 2026 estimates the cause as Camphor Laurel root intrusion); colorbond garage roof denting from three falling-limb incidents (1 December 2025; 18 February 2026; 4 May 2026); sap and seed deposits causing ongoing maintenance costs.

Pattern of past damage / risk: The damage has been progressive over approximately 18 months. The brick wall first showed cracking in November 2024 and has worsened significantly through 2025-2026. The falling limbs have become more frequent as the upper canopy has continued to grow.

Tree-keeper definition: as the owner of the land on which the tree is situated, you are the "tree-keeper" with primary responsibility for the tree under the State framework.

EVIDENCE SCHEDULE

Arborist / qualified report: Arborist report from Sydney North Tree Services Pty Ltd (Australian Qualifications Framework Level 5 arborist, AQF report number SNTS-2026-1184) dated 4 June 2026 — identifies the tree as a mature Camphor Laurel approximately 60 years old, assesses the root structure as the cause of the boundary-wall damage, recommends substantial canopy reduction (~30%) and root-barrier installation, and notes that if reduction is not undertaken the tree will continue to cause progressive damage.
Photographs: dated photographs of the tree and the harm are attached or available on request.
Estimated cost of damage / rectification: 4,800.00 AUD

Other evidence: Independent inspection report from BPI Building Inspections dated 28 May 2026 ($1,400 estimated wall repair before recent further damage; current quote $4,800); three garage-roof damage incident reports with photographs; weekly cleaning log maintained since January 2026.

REASONABLE STEPS BEFORE TRIBUNAL

Prior communications:
I raised the matter with you informally on 14 January 2026 and we agreed that you would have an arborist inspect the tree. The arborist visit did not occur. I wrote a follow-up email on 22 March 2026 attaching photographs of the brick-wall cracking. You responded that the tree was healthy and that you did not consider any action was required.

Outcome of the prior communications: No agreement reached; the damage has continued and worsened. I have now obtained my own arborist report (above) and a building inspector report, which confirm the cause is the Camphor Laurel.

Alternative arrangement offered: I have previously offered to share the cost of the arborist pruning and root-barrier work on a 50/50 basis as a goodwill measure, even though the tree is on your land and the damage is to my property. I remain willing to consider that or any other reasonable alternative.

Why reasonable steps matter: State and Territory tribunals consistently expect to see that the affected neighbour has taken reasonable steps to resolve the matter directly before commencing tribunal proceedings — a written notice giving the tree-keeper a fair opportunity to act is the standard expectation.

TRIBUNAL OR COURT PATHWAY AND SOUGHT ORDERS

Forum: if the requested action is not taken within a reasonable period, I intend to apply to the Land and Environment Court of NSW (Class 2, heard by a tree commissioner) for orders.

Sought orders: Orders requiring (i) substantial pruning by a Level 5 arborist by no later than 30 September 2026; (ii) installation of a root barrier along the boundary at the tree-keeper's cost; (iii) compensation of $4,800 for the repair of the brick boundary wall; (iv) an order that the tree be inspected by an independent arborist annually for 5 years, at the tree-keeper's cost.

Costs: I reserve the right to seek costs of any application and the cost of any independent expert evidence.

Reservation of rights: all of my rights under Trees (Disputes Between Neighbours) Act 2006 (NSW) are reserved.

CLOSING

Please reply within 21 days of the date of this letter confirming whether you accept the requested action and proposing a timeframe, or setting out any reasonable alternative you are willing to discuss. I would much prefer to resolve this matter by agreement.

Yours sincerely,

Rebecca J. Holloway

OWNER

Rebecca J. Holloway

Date: ____________________

Available as a print-ready PDF or an editable Microsoft Word (.docx) file.

What Is a Neighbour Tree Dispute Notice?

A tree dispute notice is a formal letter from an affected neighbour to the "tree-keeper" (the owner of the land where the tree is rooted) requesting pruning, removal or other remedial action where the tree is causing damage, risk of injury or severe obstruction. The notice is the formal first step in every Australian tree-dispute regime — tribunals consistently expect the affected neighbour to have taken reasonable steps to resolve the matter directly before commencing tribunal proceedings, and a documented written notice giving the tree-keeper a fair opportunity to act is the standard expectation.

New South Wales operates the most developed regime in Australia: the Trees (Disputes Between Neighbours) Act 2006 (NSW), heard in Class 2 of the Land and Environment Court by specialist tree commissioners. Applications are made on Form H (Trees Act ss 7 and 9 — damage to property or risk of injury) or Form I (s 14B — severe obstruction of sunlight or view from a window of a dwelling, applicable only to hedges). The Court has the power to make orders for pruning, removal, root barrier installation, compensation and ongoing inspection. The 2024 data: median completion time 108 days; 75% of applications finalised within 6 months.

Queensland uses the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), heard in QCAT on Form 51. The tree-keeper is defined in s 48 — typically the owner of the land where the tree is rooted. QCAT may make orders under s 66 where the tree has caused, is causing or is likely within the next 12 months to cause substantial, ongoing and unreasonable interference with the affected neighbour's use of land, or to risk serious injury. Tasmania uses the Neighbourhood Disputes About Plants Act 2017 (Tas), heard in the Magistrates Court Civil Division — Tasmania's Act is the only one outside NSW and Queensland to cover both trees and other plants (hedges, shrubs).

Victoria, Western Australia, South Australia, the ACT and the Northern Territory do not have standalone tree Acts. The affected neighbour must rely on common law nuisance and trespass principles through the Magistrates Court or the general civil tribunal — slower, more expensive and less certain than the standalone regimes. The Victorian Law Reform Commission recommended a Victorian Neighbourhood Tree Disputes Act in its 2023 report, not yet enacted. Our template selects the right framework for the State or Territory and structures the notice to match what each forum expects.

What's Covered in This Template

Our Australian Tree Dispute Notice covers every element a State tribunal or court expects to see, with state-aware switching for the tree regimes.

Your Details

Your name, address, contact details, the affected property address — the affected neighbour.

Governing State (state-driven)

NSW / Victoria / Queensland / WA / SA / Tasmania / ACT / NT — selects the right tree Act (or common law) and forum.

Tree-Keeper

The owner of the land where the tree is rooted — the legal target of the notice.

Tree Details

Species (common and scientific name), location on the keeper property, approximate height.

Harm Category and Description

Damage to property, risk of serious injury, or severe obstruction of sunlight or view — the statutory harm categories.

Requested Action

Pruning, removal, compensation or a combination — specific extent and timeframe.

Expert: Statutory Test

The state-aware Act, the threshold (NSW Trees Act / Qld substantial-ongoing-unreasonable / Tas plants Act / common law nuisance) and the specific damage / injury / obstruction relied on.

Expert: Evidence Schedule

Qualified arborist report (AQF Level 5), dated photographs, damage cost estimate from a licensed builder, boundary survey where the boundary is in doubt.

Expert: Reasonable Steps

Prior communications with the tree-keeper, outcomes and any reasonable alternative arrangement offered.

Expert: Tribunal Pathway

NSW Land and Environment Court, QCAT Form 51, Tas Magistrates Court, or common law — state-aware forum, sought orders and costs.

Closing and Response Window

A 21-day window for the tree-keeper to respond before tribunal proceedings are contemplated.

Owner Signature

OWNER signature block.

How to Create a Tree Dispute Notice

Follow these steps to produce a state-aware notice that the tribunal will expect to see before any application.

1
Identify Yourself and the State
Enter your name, address, contact details, the affected property address and the State or Territory. The State selects the tree regime — NSW Trees Act 2006, Qld Neighbourhood Disputes Act 2011, Tas Neighbourhood Disputes About Plants Act 2017, or common law in the other jurisdictions.
2
Identify the Tree-Keeper and the Tree
Enter the tree-keeper's name and address (the owner of the land where the tree is rooted — the owner, not the tenant), the tree species (common and scientific name), the location on the keeper property and the approximate height.
3
Classify the Harm
Choose the statutory harm category — damage to property, risk of serious injury, or severe obstruction of sunlight or view from a window. Describe the harm in specific factual terms — what, where, how often, and the impact.
4
Specify the Requested Action
Pruning to reduce overhang or risk; removal of the tree at its base; compensation for past damage; or a combination. Be specific about the extent of pruning, the timeframe and any cost component.
5
Add the Statutory Test (Expert)
The state-aware Act and the threshold the application would meet — NSW damage / injury / obstruction; Qld substantial-ongoing-unreasonable; Tas damage / interference. The specific evidence supporting the relevant harm category.
6
Add the Evidence Schedule (Expert)
Qualified arborist report from an AQF Level 5 arborist (typically $500-$1,500 — the single most influential piece of evidence at tribunal), dated photographs, a damage cost estimate from a licensed builder, and a boundary survey where the boundary itself is in doubt.
7
Document the Reasonable Steps (Expert)
Prior communications with the tree-keeper (when, what was said, the response), and any reasonable alternative arrangement you have offered (shared cost, shared contractor, restricted pruning). Tribunals expect the application to be the last resort, not the first.
8
Add the Tribunal Pathway (Expert)
The state-aware forum — NSW Land and Environment Court (Class 2, tree commissioners), QCAT (Form 51), Tas Magistrates Court Civil Division, or the Magistrates Court / CAT in the other jurisdictions. Specific sought orders (pruning extent, root barrier, compensation amount, ongoing inspection) and any costs application.

Why Doxuno documents are different

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Legal Considerations

The Australian tree-dispute frameworks differ markedly. Get the State and the threshold right at the notice stage and the tribunal application is much stronger.

This template is for informational purposes only and does not constitute legal advice. State tree laws and procedural rules vary significantly. For substantial damage, serious injury risk or contested boundaries, obtain advice from an Australian solicitor and a qualified arborist (AQF Level 5 or equivalent).

Reviewed for Australian neighbour-tree law

The NSW Land and Environment Court Regime

New South Wales operates the most developed tree regime in Australia. The Trees (Disputes Between Neighbours) Act 2006 (NSW) is heard in Class 2 of the Land and Environment Court — a specialist environmental court — by tree commissioners who typically have specialist arboricultural expertise. The threshold is that the tree has caused, is causing or is likely in the near future to cause damage to property or be likely to cause injury to any person. For hedges, the additional threshold is severe obstruction of sunlight to a window of a dwelling or a view from a window of a dwelling. The Court has wide remedial powers including pruning, removal, root barrier installation, compensation and ongoing inspection. 2024 performance data: median completion time 108 days; 75% of applications finalised within 6 months.

The Queensland QCAT Regime

Queensland operates under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), heard in QCAT on Form 51. The tree-keeper is defined in s 48 of the Act — typically the owner of the land where the tree is rooted. The threshold under s 66 is that the tree has caused, is causing or is likely within the next 12 months to cause substantial, ongoing and unreasonable interference with the affected neighbour's use of land, or to risk serious injury or damage. QCAT may make orders for pruning, removal and other remedial action. The 12-month forward-looking threshold is unique to Queensland.

The Tasmanian Plants Act

Tasmania enacted the Neighbourhood Disputes About Plants Act 2017 (Tas) — the only Australian Act to cover both trees and other plants (hedges, shrubs). Applications are heard in the Magistrates Court Civil Division, not a CAT. The threshold covers damage and substantial interference. The Tasmanian Act is broader than NSW or Qld in its plant coverage but uses the Magistrates Court rather than a specialist tribunal.

Common Law in the Other Jurisdictions

Victoria, Western Australia, South Australia, the ACT and the Northern Territory do not have standalone tree Acts. The affected neighbour must rely on common law nuisance and trespass principles through the Magistrates Court (or the general civil CAT). Common law nuisance requires unreasonable interference with the use and enjoyment of land — the threshold is generally higher than the standalone Acts, and the process is slower and more expensive. The Victorian Law Reform Commission recommended a Victorian Neighbourhood Tree Disputes Act in its 2023 report, not yet enacted.

The Arborist Report

A qualified arborist report — from an arborist with Australian Qualifications Framework Level 5 or equivalent — is the single most influential piece of evidence at any tree tribunal. The report identifies the species, assesses the cause of the damage or risk, and recommends specific remedial action. A typical report costs $500-$1,500. At tribunal, the arborist's evidence will almost always carry far more weight than the affected neighbour's lay description of the problem. For any substantial application, obtain the arborist report before issuing the notice.

Frequently Asked Questions

Serve a State-Aware Tree Dispute Notice

Select the State or Territory, identify the tree-keeper and the harm, describe the requested action and produce a state-aware notice with the right statutory test, the right evidence schedule and the right tribunal pathway — ready to serve. Cross-link to the Doxuno Australian Fencing Notice and Strata By-Law Breach Notice templates for related neighbour and strata matters, and the Building Defect Complaint Letter for the broader residential property framework.

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