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Neighbour's tree problems in NSW: overhanging branches, damage and high hedges

What you can do about a neighbour's tree in NSW, from overhanging branches and roots to high hedges blocking sunlight, and how the Land and Environment Court process works.

By Marcus Nicholson, AQF Level 5 consulting arborist. Updated October 2026.

Tall bamboo screen along a backyard fence

Trees and hedges on the boundary are one of the most common causes of neighbour disputes. In NSW the main law is the Trees (Disputes Between Neighbours) Act 2006, and most problems can be sorted out well before it gets that far.

Start with a conversation

Talk to your neighbour first, and follow up in writing. If the matter ever goes to court, you will need to show you made a reasonable effort to reach agreement. A short arborist assessment can help both sides understand what is actually needed.

Overhanging branches

Branches over the fence are still part of a protected tree in most cases. Central Coast Council can sometimes approve pruning of overhanging branches without the tree owner's consent, while Hornsby Shire Council generally requires a permit unless the work is exempt. Check before cutting, because pruning a protected tree without approval can lead to fines.

Trees causing damage or injury

Under Part 2 of the Act, you can apply to the Land and Environment Court about a tree on a neighbour's land that has caused, is causing or is likely in the near future to cause damage to your property, or is likely to injure someone. The Court can order work on the tree, including removal in some cases.

High hedges blocking sunlight or views

Part 2A covers hedges of two or more trees planted to form a hedge that rise at least 2.5 metres above ground and severely obstruct sunlight to a window of your home or a view from it. It does not apply to a single tree.

Evidence helps

Courts and councils rely on clear evidence. An arborist report can describe the tree's condition, the damage or risk, and practical options such as selective pruning or root barriers. Our arborist reports are prepared by an AQF Level 5 consulting arborist.

How we help

We can assess the tree, explain what work is likely to be approved, carry out hedge trimming and pruning once both sides agree, and provide a written report if you need one. This guide is general information, not legal advice.

Quick answers

Can I cut my neighbour's tree branches that overhang my property in NSW?

Not always. Most trees are protected by council rules, so check with your council or an arborist first. Central Coast Council can sometimes approve pruning of overhanging branches without the owner's consent.

What law covers neighbour tree disputes in NSW?

The Trees (Disputes Between Neighbours) Act 2006. Applications are heard by the Land and Environment Court.

Can I make my neighbour cut a hedge that blocks my sunlight?

Possibly. Part 2A of the Act covers hedges of two or more trees at least 2.5 metres high that severely obstruct sunlight to a window or a view from your home. You must try to reach agreement first.

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