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Neighbours and Tree Disputes (Vic)

by FindLaw Team

Set out below are steps you should take if your neighbours tree branches or roots encroaching onto your property:

Step 1 - Talk to your neighbour

The first thing you should do if the tree branches or roots are causing damage to your property is talk to your neighbour about the problem. Hopefully, you can come to an agreement about having the branches removed or the tree roots severed with the costs to be shared equally.

If you are unable to reach an agreement with your neighbour than proceed to Step 2.

Step 2 – Dispute Settlement Centre of Victoria

If you are unable to reach an agreement with your neighbour you can attend a mediation at the Dispute Settlement Centre of Victoria.

In the mediation you, your neighbour and a mediator will sit down and try to see if the issue can be resolved. The mediator is a neutral person whose aim is to assist you and your neighbour reach an agreement that you both find acceptable.

If your neighbour refuses to attend mediation or there is no agreement reached at mediation than proceed to Step 3.

Step 3 – Magistrates Court

If you have failed to reach an agreement with your neighbour through talking to them and attending mediation than the only option remaining is applying to the Magistrates Court for an order to remove the tree, sever the roots or branches.

Most people will not take this step unless the tree is causing physical damage to their property such as:

The tree roots from the neighbour’s tree have reached under the foundations of their house and are causing the foundations to crack and move.
The tree branches from the neighbour’s tree are close to the power lines on your property and need to be lopped.
The tree roots have reached a concrete path, patio or driveway and are lifting the concrete.

Step 4 – Gather your evidence

If you make an application to the Magistrates Court for a tree order you need to make sure that you have all the necessary evidence to convince the Court that what you are asking the Court to do is reasonable. This includes the following:

A report from a builder stating that the damage to your property is a result of the tree roots or branches.
A quote from a builder on the amount of money it would cost to repair the damage caused by the tree.
A report from a tree surgeon on the type of tree, whether severing the tree roots would make the tree unstable and the cost in removing the tree.

Step 5 – Get Legal Advice

If you are considering making an application to the Magistrates’ Court for a tree order than you should obtain legal advice as soon as possible to ensure that your application has the best chance of success.