Call our lawyers
now
or,
have our lawyers
call you
Tree Disputes in the Australian Capital Territory (ACT)
Updated on Oct 30, 2022 • 4 min read • 354 views • Copy Link
Tree Disputes in the Australian Capital Territory (ACT)
Tree disputes sometimes arise between neighbours when a tree on one property starts to affect a neighbouring property. They can also arise between the government and private individuals when a tree that is on council land causes damage to private property. This article deals with tree disputes in the ACT.
Avoiding tree disputes
Tree disputes can be avoided by making sure you are familiar with your responsibilities with respect to the trees on your property, selecting new trees that are appropriate to your environment and maintaining them
If a neighbour’s tree is affecting you or your land, it is always best to try to resolve the situation directly with them.
If you are unable to resolve a tree dispute directly with your neighbour, you may want to consider inviting them to mediation at a Dispute Resolution Centre.
Protected trees
Many Canberra trees are registered or regulated under the Tree Protection Act 2005.
Trees can be registered if they meet the criteria for registration based on their contribution to the area’s natural or cultural heritage value, its landscape and aesthetic value or its scientific value.
Regulated trees are trees more than 12m tall, trees that have a trunk circumference of more than 1.5m, or that have a canopy of over 12m wide.
A protected tree must not be removed or cut without approval. If a person is contemplating work that may result in damage to a protected tree, they can lodge an application to undertake a tree damaging activity with Access Canberra.
Damage caused by government trees
When a tree that is on public property causes damage to private property, the owner may be able to claim reimbursement from the ACT government. A person is likely to be successful in their claim where it can be shown that the damage resulted from negligence by the ACT government. Where the damage is the result of an accident or an unforeseeable incident, the government will not accept responsibility.
If a person believes that damage has been caused to their property by a government tree, they should immediately notify Access Canberra. The circumstances of the damage will then be investigated and assessed.
Overhanging branches
A person is entitled to trim overhanding branches of a tree on an adjoining property providing the tree is not protected. A person must do this from their own property unless the neighbour has given them permission to enter their property.
Tree nuisance
If a tree causes an unreasonable interference with a neighbour’s use or enjoyment of their land, the tree-keeper could be liable for nuisance. A person can make a civil dispute application to the ACT Civil and Administrative Tribunal (ACAT) in respect of a neighbour’s tree seeking a nuisance order.
Tree trespass
If a tree is encroaching onto a neighbour’s property it is trespassing. A person in this situation can apply to CAT for a trespass order.
ACAT determinations
To initiate a civil claim in ACAT, a person needs to complete a civil dispute application and lodge it with the tribunal together with any supporting documents. A fee is also payable unless the applicant is exempt on the basis of financial hardship. ACAT will then serve the application on the respondent, who must then lodge a response form indicating whether they agree with the claim or dispute it.
If a matter is scheduled for a hearing, both parties must attend and bring all the documents and information required and tell the tribunal what order they want it to make. If the tribunal is satisfied that the tree in question is trespassing or causing a nuisance, it will make orders to rectify the situation.
Appeals
If a person believes an ACAT decision was wrong, it may appeal to the Appeals Tribunal within 28 days of the ACAT decision. A decision of the Appeals Tribunal can be appeals to the ACT supreme Court.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Defamation in Northern Territory
Prior to 2006, each of the states and territories operated its own laws in relation to the tort of defamation. However, with the introduction of the uniform defamation laws which began operating on 1 January 2006, the law as it relates to defamation is now largely consistent across Australia. In ....
Posted in:
Disputes
Torts are civil wrongs done by one party to another. A tort causes a person to suffer loss or harm. A person who is the claimant in a tort may sue for damages or other relief. Torts are generally created by the common law but there are also statutory wrongs ....
Posted in:
Disputes
Nuisance (Vic) We often believe that anything that we find annoying is a nuisance. However, there is a difference between what we believe is annoying and what the courts define as a nuisance. Nuisance can be dealt with as a civil law issue and it can also be a criminal ....
Posted in:
Disputes
Standard Costs and Indemnity costs (Qld)
Standard Costs and Indemnity costs (Qld) In civil litigation it is common for the successful party to seek a costs order in its favour during or after the conclusion of litigation. Costs orders in Queensland are governed by the Uniform Civil Procedure Rules 1999 (UCPR). Depending on how the matter has been ....
Posted in:
Disputes
A duty of care is a legal obligation to avoid acts or omissions that could foreseeably lead to harm to another person. A breach of a duty of care that leads to harm to someone amounts to the tort of negligence. In Victoria, the law of negligence is governed by ....
Posted in:
Disputes
Law of Negligence
Workers Compensation
Mediation Conferences in Civil Matters (WA)
Mediation Conferences in Civil Matters (WA) Mediation is an important and usually a compulsory step when it comes to Civil Litigation proceedings. The purpose of mediation is to see whether a mutually acceptable resolution can be achieved between the parties to avoid the matter proceeding to trial. It is prudent ....
Posted in:
Disputes
Debt Recovery in South Australia
Debt Recovery in South Australia Debt recovery matters in South Australia can be dealt with in any of three courts depending on the amount of money involved. This page deals with debt recovery matters in South Australia. Legislation The laws that govern the procedures for making debt recovery claims are the ....
Posted in:
Disputes
A duty of care is a legal obligation imposed on a person to take a reasonable standard of care when doing acts that could foreseeably harm others. Duty of care is an element of the tort of negligence. If a person suffers injury as the result of another party’s negligent act or omission, the ....
Posted in:
Disputes
Enforcing a Judgment in Queensland
Enforcing a Judgment in Queensland In Queensland, where a court or tribunal has made a judgment against a person and the person has not complied with the terms of the judgment, the judgment may be enforced. This article deals with the procedures involved in enforcing a judgment in Queensland. Registering ....
Posted in:
Disputes
Consumer Claims in Queensland Debt Recovery (Qld) There are many situations that may give rise to proceedings for debt recovery in Queensland. A debt may arise due to an unpaid invoice or account, a dishonoured cheque, work that has been carried out and not paid for, unpaid rent or a contract ....
Posted in:
Disputes
Debt recovery claims are made when a party is owed money by another party and has been unsuccessful in obtaining payment through direct negotiations. Depending on the amount of money in dispute, debt recovery matters in Tasmania may be heard in the Minor Civil Division of the Magistrates Court, in ....
Posted in:
Disputes
Adverse possession is a property law principle that allows a person to claim ownership of land without paying for it. Adverse possession occurs where a person has enjoyed uninterrupted and exclusive possession of land for a period of 15 years. Under Section 60 of the Transfer of Land Act, adverse ....
Posted in:
Disputes