Land and Environment Court

Who can make an application for orders?                

 

The Trees Act specifies who can apply to the Court for orders in relation to a tree and a hedge on adjoining land.  For a tree dispute or a hedge dispute, the person making the application must be an owner or occupier of land that adjoins the land on which the tree or hedge is situated (see s 3, s 7 and s 14 B of the Trees Act).

When can an application be made?

There is no statutory time limit in the Trees Act within which applications under the Trees Act need to be made. 

However, an application must be made at the right time to show the Court that the tree or hedge has become dangerous or is damaging or is an obstruction.

For example, trees must grow to the specified height of 2.5m in order to be a hedge under the Trees Act and those trees must cause a severe obstruction to sunlight to a window of or views from a dwelling on the applicant’s land. 

An applicant may need to wait until such time that these criteria are met, in order for the application to be proper. There is a general time limit for making claims for compensation for damage to property under the Limitations Act 1969.  This is six years from the date the cause of action first accrues to the applicant.

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