Encroaching trees can cause real friction between neighbours. Branches dropping into your yard, roots cracking your driveway or invading your sewer line, and leaf litter blocking your gutters are all real harms — and there is a clear legal framework for fixing them.
The legal context
Queensland has the most developed regime: the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 gives QCAT direct jurisdiction over tree disputes. New South Wales operates under the Trees (Disputes Between Neighbours) Act 2006 with the Land and Environment Court. Tasmania has the Neighbourhood Disputes About Plants Act 2017, with a branch removal notice (s 20) and applications to TASCAT. The other states and territories rely on common-law nuisance and the long-standing right of self-help abatement — you may cut back to the boundary line, returning the cuttings to the owner.
The document approach
The letter should identify the tree, describe the encroachment with dates and photos referenced, cite your state’s tree-dispute regime (or common-law nuisance), and demand specific action — usually pruning to the boundary, root barriers, or contribution to rectification — within 21 to 28 days. Tree matters benefit from a slightly longer deadline than commercial disputes.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
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What Claim Done delivers ($49)
For a flat fee, we draft a Letter of Demand citing the correct state regime, in your name, as a PDF you can send by email and post.
What to expect after
If the neighbour engages, document the agreement in writing. If they refuse, lodge with QCAT (Queensland), the Land and Environment Court (New South Wales), or the equivalent in your state. Get an arborist’s report before lodging.
Send a formal Letter of Demand. Done in about 5 minutes.
No card until the end. No subscription.
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Neighbour Dispute Letter drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Neighbour Dispute Letter from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=neighbour-dispute. Claim Done is not a law firm and does not give legal advice.
How much does a Neighbour Dispute Letter cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Neighbour Dispute Letter in Australia?
No. There is no legal requirement to use a solicitor to write or send a Neighbour Dispute Letter; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Neighbour Dispute Letter template doesn't?
It drafts the Neighbour Dispute Letter from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.