Can I make my neighbour remove a tree whose roots block my drains?

Roots do not break sound pipes so much as find existing faults. They locate moisture escaping from a cracked or open joint, enter, and then expand until the line blocks. That matters legally, because the argument will often be about whether the pipe was already failing.

The state processes differ

• New South Wales has a dedicated statute allowing the Land and Environment Court to order work on a neighbour's tree where it has caused or is likely to cause damage.
• Queensland deals with tree disputes through its neighbourhood disputes legislation, with the tribunal able to make orders.
• Other states rely more on general law of nuisance and on local council tree controls, which is slower and less predictable.

Build the evidence first

1. 1Get a camera inspection with a report identifying the location and depth of the intrusion.
2. 2Keep every invoice for clearing the blockage, since a repeating cost is far more persuasive than a single event.
3. 3Write to the neighbour, politely, setting out the problem and what you are asking for. Most processes require an attempt to resolve it first, and it is often enough.
4. 4Check whether the tree is protected by a council overlay, because that changes what either of you may do to it.