Neighbours' Trees

My neighbour's tree overhangs my property. Can I prune it?

Overhanging branches or damaging roots from a neighbour's tree can often be a source of conflict between neighbours. Often property owners will approach Council to express their concerns with the hope that Council will resolve the matter.

Unfortunately, Council is unable to negotiate or intervene in such disputes as this is considered a civil matter that must be resolved between you and your neighbour.

If you do have problem with a neighbour's tree please follow the guidelines below:

  1. Council can give permission to prune a tree only with consent from the owner or owner's agent, so please get your neighbour's consent before contacting Council.
  2. If the tree is over 4 metres in height you will need Council permission. If your neighbour consents to the pruning, it is best for them to lodge the required application form with Council.
  3. If your neighbour does not consent it is suggested that you contact the Community Justice Centre who provide a mediation service between neighbours. This is a free and voluntary service. For further information contact the Community Justice Centre on the following:
    Tel:  1800 990 777
    Email:  cjc_info@agd.nsw.gov.au
    Website: Community Justice Centres
  4. If the matter cannot be resolved with your neighbour, you can now lodge an application with the Land and Environment Court under the Trees (Disputes Between Neighbours) Act.

The Act allows a property owner to apply to the court for an order to remedy, restrain or prevent damage to property or to prevent injury to a person from a tree on adjoining land. The Act also permits the Court to order compensation for or rectification of damage caused by a tree.

For more information and helpful guidance notes on how to lodge an application, please refer to the Tree Dispute Information page from the Land and Environment Court.