Neighbourhood Tree Disputes
Project Status:
Start Date:
Tabled in Parliament Date:
Project
As part of our Community Law Reform Program, the Commission inquired into neighbourhood tree disputes. We reviewed the laws governing disputes between neighbours of private land involving trees that cause damage.
Summary of the issues: neighbourhood tree disputes
Many residential properties have trees growing within their boundaries. The potential for neighbourhood tree disputes to arise is high. A large number of people experience disputes with neighbours over trees.
Common examples of tree disputes include:
• branches hanging over boundary lines
• roots causing damage to foundations, drainage and sewer pipelines
• the spread of weeds and creeping plants
• leaf litter causing damage or creating hazards (eg slippery pathways or clogged gutters)
• unsafe trees and branches creating hazards (eg poisonous fruit or leaves, or insecure branches)
• trees impeding a view and/or blocking sunlight, and/or affecting the neighbour’s ability to use solar panels.
NB: We did not consider disputes about trees on public land or trees that block sunlight and views.
It is currently not clear what the law states and where people can get help to resolve their disputes. The Commission considered whether laws should be changed to provide better, fairer ways of resolving tree disputes.
Tabled in Parliament on 27 November 2019, the Commission’s report made 63 recommendations. You can read or download the full report by following the links below.
Key recommendation
The Commission recommended the introduction of a Neighbourhood Tree Disputes Act to assist neighbours to resolve their disputes quickly, affordably and effectively. Determination of disputes under the new Act should predominantly be undertaken by VCAT, because its processes are informal, flexible, accessible and efficient.
To find out which of our recommendations have become law, visit the Implementation page.
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Neighbourhood Tree Disputes
Trees can sometimes cause disputes between neighbours. What can you do if you have a disagreement about a tree? The Victorian Law Reform Commission is reviewing the law. Includes comments from the Dispute Settlement Centre of Victoria.
Project Stage
- Terms of reference received
- Submissions and consultations
- Submissions closed
- Final Report
- Tabled in parliament
Publications
12/11/2019
12/11/2019
12/11/2019
12/11/2019
18/06/2019
15/12/2017
15/12/2017
15/12/2017
08/06/2017