Call our lawyers
now
or,
have our lawyers
call you
Tree Disputes (SA)
Updated on May 03, 2023 • 4 min read • 600 views • Copy Link
Tree Disputes (SA)
In South Australia, disputes about trees sometimes arise between neighbours in urban or suburban areas. If a tree on a residential property is affecting the adjoining property, this may give rise to an action in nuisance. This page deals with tree disputes in South Australia.
Responsibilities of tree owners
A tree owner is responsible for maintaining the trees on their land and ensuring they do not encroach on neighbouring properties and create a nuisance. A tree owner is liable for damage or injury caused by trees protruding onto neighbouring properties if they were aware of should have been aware that the tree posed a risk.
A person is entitled to cut back parts of trees on neighbouring properties if they are protruding over their land. These may be cut at the boundary line. Any branches or roots that are cut off are the property of the tree owner.
A person must not enter their neighbour’s land to cut back a tree without permission. This amounts to trespass. If a person causes damage to a neighbour’s tree in the process of trimming it, they will be liable for this.
Talk to your neighbour
If a person is being affected by a tree on their neighbour’s land, their first step should be to talk to the neighbour and try to resolve the situation privately. The person should inform the neighbour of how the tree is impacting them and what needs to happen. If the situation cannot be resolved directly between the parties, an application can be made to the court.
Is the tree a nuisance?
If a tree is encroaching onto a neighbouring property, it is a nuisance. If a tree has caused damage to neighbouring property, such as roots cracking pipes or branches damaging gutters, the neighbour can ask the tree owner to pay the cost of repairs. If the tree owner does not agree to pay these costs, the neighbour can apply to the Minor Civil Actions division of the Magistrates Court for an order that the costs be paid.
Whether a tree owner is liable for damage caused by their tree depends on whether the tree was overhanging the boundary and whether the damage was foreseeable. Damage is foreseeable if the owner knew or ought to have known that the tree was in a dangerous condition and could fall or cause damage.
If a person becomes aware that a tree is likely to drop breaches, they should draw this to the owner’s attention in writing and keep a copy of the letter. If the tree causes damage, this can be used to help establish that the tree-owner was aware of the problem and failed to take reasonable steps to address it.
If a healthy tree blows down in unusually strong winds and causes damage, this is an ‘act of god’ and the tree owner is not responsible.
Significant trees
In South Australia, a tree is a ‘significant tree’ if it has:
- A single trunk with a circumference of three metres or more;
- Multiple trunks with a total circumference of three metres or more and an average circumference of at least 625 millimetres.
Measures are to be taken one metre above ground level.
Regulated trees
In South Australia, a tree is classified as a ‘regulated tree’ if it has:
- A single trunk with a circumference that measures two metres or more;
- Multiple trunks with a total circumference of two metres or more and an average circumference of at least 625 millimetres.
Activities that affect significant or regulated trees
In South Australia, the removal of a significant tree that is still alive requires approval from the council under the Planning, Development and Infrastructure (General) Regulations 2017.
Any activity that damages a regulated tree requires development approval. This includes tree removal, branch and limb lopping and ringbarking or topping.
Under regulation 59 of the Planning, Development and Infrastructure (General) Regulations, a person who is given approval to remove a significant or regulated tree may be required to plant replacement trees.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Related Content
The Serious Harm Test in Defamation Claims
Trees Disputes (Tas)
Tree Disputes (SA)
Fence Disputes (SA)
Duty of Care (NT)
Religious Discrimination (NT)
Asbestos Removal (NT)
Tree Disputes in the Australian Capital Territory (ACT)
Fence Disputes (ACT)
Animal Nuisance (ACT)
Neighbourhood Disputes (ACT)
Tenants Rights and Obligations (QLD)
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
The law of defamation exists to protect a person’s reputation, while still upholding free speech. In 2006, all of the Australian states enacted defamation laws that are largely similar. In Tasmania the civil laws are contained in the Defamation Act 2005 and the criminal laws are outlined in the Criminal Code Act 1924. ....
Posted in:
Disputes
The Nemo Dat Rule (Vic) ‘Nemo dat quod non habet’ means ‘no one can give what they do not have’. This is commonly referred to as the Nemo Dat Rule. Nemo Dat is the legal principle that a person who does not have adequate ownership of property or goods does ....
Posted in:
Disputes
Alternative Dispute Resolution (NSW)
Alternative dispute resolution (ADR) includes a variety of different processes that are designed to help people to resolve their disputes informally. ARD is an alternative to going to court that is generally faster, less stressful, less costly, and more flexible. It is also generally easier to maintain confidentiality and to ....
Posted in:
Disputes
Consumer Claims in Northern Territory
In the NT, disputes between traders and consumers can be dealt with by Consumer Affairs or through the NT Civil and Administrative Tribunal (NTCAT). This page deals with consumer claims in the NT. Kinds of consumer claims Under the Australian Consumer Law, traders are subject to a number of restrictions which ....
Posted in:
Disputes
In urban and suburban South Australia, disputes often arise between neighbours about the construction or repair of a dividing fence. In general, residential neighbours are responsible for half of the cost of the dividing fence each; however, in some circumstances the cost may be divided unequally. This page deals with ....
Posted in:
Disputes
Administrative Review in Tasmania
Administrative Review in Tasmania Administrative review occurs when a court or tribunal reconsiders a decision that was made by a government department or agency to assess whether it was the correct decision. In Tasmania, a lot of administrative review is conducted by the Magistrates Court and by TASCAT. This page ....
Posted in:
Disputes
LGBTIQ Rights in Queensland Same sex marriage became legal in Australia on 9 December 2017, with the Marriage Act being amended so that the definition of marriage is now ‘a union of two people’ rather than ‘a union of a man and a woman.’ The change meant that same-sex ....
Posted in:
Disputes
A letter of demand is usually sent when a person is owed money and has tried unsuccessfully to get payment. It is usually the last step taken before commencing legal proceedings. A letter of demand states the amount owed, what it is owed for and when the amount needs to ....
Posted in:
Disputes
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
Racial and Religious Vilification (Vic)
Racial and Religious Vilification (Vic) Racial vilification is prohibited in Victoria under both state and federal law. While the Racial Discrimination Act makes racially offensive behaviour unlawful at a federal level, the Victorian Racial and Religious Tolerance Act applies to both racial and religious vilification. The act makes it unlawful to publicly ....
Posted in:
Disputes
Alternative Dispute Resolution in the ACT
Alternative Dispute Resolution in the ACT Alternative dispute resolution (ADR) processes are ways of resolving disputes outside of courtrooms. Australia has a nation-wide ADR system in its federal courts. ADR can help people to resolve a dispute without going to court. This is usually faster and cheaper than litigation and ....
Posted in:
Disputes
Dividing Fence Disputes (WA) If you’ve ever had a dispute with your neighbour, chances are that it was in relation a dividing fence. Dividing fence disputes are one of the most common civil law disputes and it is not uncommon for people to be involved in one or more of ....
Posted in:
Disputes