If a Tree Falls: Who’s Responsible for Damage in NSW?
It’s a peaceful afternoon when a storm hits, and next thing you know, your neighbour’s tree crashes into your fence or driveway. Who’s responsible for the damage? Tree-related disputes are surprisingly common, and under NSW property law, the answer depends on the details. Here’s what to know before tension takes root.
Tree Damage in NSW: Who Pays?
In NSW, tree ownership and liability come down to a few key legal principles. In most cases the owner of the land where a tree grows is responsible for managing it. But when damage occurs (like a fallen branch smashing a fence or blocking a driveway) it isn’t always straightforward.
Let’s look at some typical scenarios.
Scenario 1: A Healthy Tree Falls in a Storm
Say a large, healthy tree is blown over by a storm, damaging your property. It wasn’t diseased, poorly maintained, or known to be dangerous. In this case, your neighbour likely wouldn’t be legally liable, because the damage was caused by an unforeseen weather event.
If you have property insurance, your insurer will usually cover this kind of damage. But it’s still worth checking your policy.
TIP: Even when no one is legally at fault, fencing disputes can arise when it's unclear who pays for repairs.
Scenario 2: A Neglected or Hazardous Tree Falls
If a tree was obviously dead, rotting, or leaning precariously, and the owner ignored requests to maintain or remove it, they may be liable if it causes damage.
In this case, you may be able to recover costs for repairs, tree removal, or even personal injury. But you’ll need evidence that:
- The risk was known or should have been known
- Reasonable action wasn’t taken to prevent damage
- The damage was foreseeable
This is where legal advice becomes important. Keeping dated photos, written requests to your neighbour, or council complaints can strengthen your position.
Scenario 3: Overhanging Branches & Roots
What if the issue isn’t a fallen tree, but creeping branches or invasive roots? In NSW, property owners have the right to “abate the nuisance”; that is, to trim overhanging branches or cut roots that cross the boundary, at your own cost.
You don’t need your neighbour’s permission to do this, but you must:
- Only remove parts that cross the boundary
- Not trespass on their land
- Return the branches if requested (yes, really)
For more detail, see the Trees (Disputes Between Neighbours) Act 2006 (NSW), which governs these types of issues.
What If You Can’t Agree?
When tree or fence disputes escalate, you have a few options:
- Mediation through your local Community Justice Centre (CJC NSW)
- Application to NCAT under the Dividing Fences Act 1991 (NSW) or the Trees Act
- Legal action if significant property damage or injury occurred
At ClickLaw, we often help neighbours resolve tree and boundary disputes without going to court but we’re ready to escalate if needed.
How to Prevent a Tree Dispute in the First Place
The best way to avoid a dispute? Open communication and proactive care.
Here’s what we recommend:
- Keep your trees pruned and healthy
- Regularly inspect older or larger trees
- Respond quickly to concerns raised by neighbours
- Consider a tree report from an arborist if you're unsure
And if you're the neighbour receiving complaints, don’t ignore them. A simple pruning job today could save you thousands in legal costs tomorrow
Not sure who’s responsible or how to handle a neighbour dispute over trees or fences? ClickLaw’s experienced team can help you understand your rights and resolve the issue quickly and calmly.
Contact us today for practical, professional advice on property law in NSW.
