This document is about the legal obligations of occupiers of property in relation to their trees. If you live in a neighbourhood you have a legal obligation not to unreasonably interfere with your neighbour's enjoyment and use of his or her land. Your neighbour owes the same legal duty to you. If the enjoyment and use of land is affected by tree branches and roots, by noisy animals, or by smoke, the law gives the person adversely affected the right to sue the person causing the unwanted interference. Such an action is known as nuisance.
Trees are a common cause of dispute between neighbours.
Over-hanging branches can cause inconvenience. They can cause unwanted shade, unwanted falling leaves and, in some cases, danger to a neighbour's house and its occupants. Tree roots can block a neighbour's drains or sewerage pipes, crack paths, dry out soil or undermine foundations resulting in severe cracking of the walls of a neighbour's house or pool. If your neighbours are creating a nuisance in this way, self-help is the first solution. If the trees have not caused actual physical damage, you should do away with the nuisance yourself by cutting off over-hanging branches and severing tree roots which have spread on to your land.