Trees are an integral part of our streetscapes. But when their roots cause damage to neighbouring properties, councils can find themselves facing potential claims.
A recent NSW District Court decision offers practical guidance on when councils may be legally responsible – and when they may not.
A tree, a property and a legal dispute
For decades, a tree had been growing on a nature strip beside a residential property within the Georges River Council municipality.
In April 2019, the homeowner contacted Council, alleging that the tree’s roots had damaged her property.
Council investigated the complaint and found that the roots had damaged the boundary fence and path. The tree was eventually removed in October 2025. However, Council denied that it was legally responsible for the structural damage to the home.
The homeowner later brought a nuisance claim against Council, arguing that it had taken too long to remove the tree, resulting in further damage.
The Court ultimately ruled in Council’s favour. And the decision came down to two key issues: 1) When the council became aware of the problem, and 2) Evidence for additional loss.
Why the claim failed
First, the Court found there was no evidence Council knew – or should have known – before April 2019 that the tree posed a risk of damage to the property.
Without that knowledge, Council couldn’t be held responsible for failing to address the risk earlier.
Second, the homeowner couldn’t prove that any additional damage occurred after Council became aware of the issue. Even if a nuisance had existed, there was no evidence that Council’s delay in removing the tree caused further damage or loss.
As the homeowner could not establish these key elements of her claim, it was dismissed.
What this means for your council
This case is a useful reminder that your council isn’t automatically liable simply because tree roots cause damage to the neighbouring properties.
What matters is whether you knew about the risk, and if there is evidence to suggest foreseeability regarding the risk. And once you became aware of it, whether you took reasonable steps to address it within a reasonable timeframe.
To best protect against similar claims, Councils should:
- Respond promptly when potential tree root issues are reported
- Review trees that have been flagged and act where needed
- Keep clear records of complaints, inspections and decisions
- Monitor reported issues and track potential damage over time
- Seek expert advice where required.
Managing a tree root complaint? Read about the latest case study here, or contact your Regional Risk Manager today!