Overhanging branches and Invasive Tree Roots?
If you are considering pruning branches or severing roots of a tree growing on your neighbour’s property, the first (and essential) step is to enquire whether your local council has a TPO. If your council does have a TPO, you need to find out its terms and whether any application needs to be made to the council for the branch pruning or root severing you wish to carry out.
TPOs vary from council to council and may:
Note: these are just examples of the types of requirements that a council may have and are certainly not an exhaustive list.
In many instances, councils will have a copy of their TPO available on their website and many councils also have explanatory material concerning tree management and about applications made under their TPO.
Although it is possible that you may have residual rights at common law to undertake branch pruning or root severing where the tree intrudes into your property, in urban areas such rights have been severely constrained or eliminated by TPOs. So, it would be sensible to discuss your proposed activity with your council’s tree management officer and to consider whether you should seek professional legal advice before interfering with any branches or roots of your neighbour’s tree.
Some trees are regarded as pest species and the TPO of a particular council may not apply to them. Trees that are exempted from the provisions of a TPO will be listed in the TPO.
Even if a tree is not covered by a TPO because either the council does not have a TPO or the particular type of tree is exempt from the tree preservation order, before undertaking any branch pruning or root severing, it would be prudent to discuss your proposed activity with your council’s tree management officer. This is particularly important if you propose to cut any large roots of a tree as this may affect the tree’s stability and thus its safety. If extensive pruning is required it is a good idea to get it done by a professional arborist with appropriate WorkCover insurances.
This section of text was provided by Commissioner Moore, Land and Environment Court