Trees on Neighbouring Property

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Residents often contact Council to request assistance with trees of concern located on a neighbouring property. 

Council suggests that you discuss your concerns with the neighbouring property owner and request the property owner take action to mitigate detrimental impacts to your property. 

If I have my neighbours approval to complete works?

You can only apply to Council to remove a tree (including hedges) on a neighbouring property if you have the owner’s consent in writing.

Written consent from the owner is also required if the requested pruning works will require the arborist to:

  • Enter the neighbouring property to access the tree, remove any branches, or clean up, or
  • Climb any tree located on a neighbouring property, or
  • Reach across the boundary line to complete the Approved Works in compliance with the Conditions of Consent.

The owner's written consent must accompany the Private Tree Works Inspection Application.

What are my options if I don't have my neighbours approval?

If the tree owner does not undertake works or provide consent, this may become a civil matter and Council is not the appropriate authority to resolve this problem. 

Legislation titled Trees Act 2006 (Disputes between Neighbours) has been specifically created to enable the Land and Environment Court to adjudicate where a tree on an adjoining land might cause damage or injury to neighbours or to the neighbouring property or where a hedge may cause shading of the neighbouring property. However, the Court cannot make an order unless it is satisfied you have made a reasonable effort to resolve the matter with the tree owner.

For information on support that the NSW Land and Environment Court can provide with trees on neighbouring properties, refer to the NSW Land and Environment Court website.