Neighbour's Tree Overhanging Your Property? NSW Rules 2026

The Short Answer

In NSW you can usually cut back branches from a neighbour's tree where they overhang your property, but only to the boundary, only from your side, and only after checking Council's tree rules. On the Northern Beaches, Council's limits still apply to a neighbour's tree: unless the tree is exempt, permit-free pruning is capped at 10 per cent of the canopy in 12 months, and more than that needs a permit signed by the tree's owner. If the tree is damaging your property or is likely to injure someone, and talking has not worked, the Land and Environment Court can make orders under the Trees (Disputes Between Neighbours) Act 2006.

Start With a Conversation

Northern Beaches Council says it has no authority to act in disputes between neighbours, and encourages residents to talk first. Council notes that neighbours are often unaware of the problem and willing to work towards a solution.

Before you knock on the door, take dated photographs of the overhang and any damage, be clear about what you want (clearance over the roof, gutter or driveway), and suggest a solution, such as sharing the cost of one visit that prunes both sides properly.

Council suggests putting any agreement in writing: the issue, the solution, who does what, and by when. Its neighbourhood disputes page includes a sample letter about trees you can adapt if a face-to-face chat is not possible.

Keep a record: the Land and Environment Court cannot make an order unless satisfied you made a reasonable effort to reach agreement.

Can I Cut Overhanging Branches Back to the Boundary?

Legal Aid NSW's guidance is to speak to your neighbour and check with your local council before cutting back to the boundary. It also warns:

• Some trees are protected, and you need Council permission before cutting their branches. You can be fined for interfering with a protected tree.
• Do not enter your neighbour's land without permission or damage the tree. If you do, you may be trespassing.

The Trees Act keeps any rights you already have under other laws to deal with a tree you do not own (section 18), while replacing court claims in nuisance for tree damage with the process described below.

In practice, that means working from your side, cutting no further than the boundary and not leaving the tree damaged or unbalanced. Agree beforehand what happens to the cut branches.

Council's rules still apply to your neighbour's tree

On the Northern Beaches, the tree permit rules apply to the tree itself, no matter whose side of the fence you are standing on. Under Council's private-land tree rules, permit-free pruning includes:

• Reasonable pruning of up to 10 per cent of the tree's canopy within 12 calendar months, done in accordance with AS 4373-2007
• Removal of deadwood
• Removal of mistletoe or other parasitic plants

Some trees are exempt altogether, for example trees under 5 metres or species on Council's exempt list, unless they are heritage items or in a heritage area. Our Northern Beaches tree permit guide covers every exemption.

Two things are easy to miss:

1. The 10 per cent is for the whole tree. If your neighbour pruned it this year, your cut-back may push the total over. Ask first.
2. Bigger cut-backs need a permit and the owner's signature. Council's application form says that if the tree is on a neighbour's property or on the boundary, all parties must sign. Council will not give a final decision until every owner's consent is received.

Council will not permit requests to lop or top a tree, meaning to cut it back hard without regard to growth points. Root pruning and changes to soil levels near a tree are not in its permit-free list either, so check with Council before cutting roots.

If your property is in a 10/50 area

If the RFS online tool shows your lot is in a 10/50 vegetation clearing entitlement area, the NSW Rural Fire Service says you may prune branches from a neighbour's tree that overhang your land within 10 metres of your home, subject to the 10/50 Code. Pruning must follow AS 4373, and if balancing the tree needs cuts on your neighbour's side, you need their consent. See our 10/50 rule guide.

Leaves, Fruit, Sap and Shade

Dropping leaves, flowers, fruit, seeds and sap are frequent complaints, and the hardest to act on.

• Legal Aid NSW says the court is unlikely to make an order about them unless they have caused property damage or are likely to injure someone, and the Court's published tree dispute principles say ordinary urban droppings will not usually justify interfering with a tree.
• Northern Beaches Council says it will not approve tree removal for leaf, fruit or sap drop, bird or bat droppings, solar access or views.

Gutter cleaning and boundary pruning within the allowance is usually the realistic fix.

When a Neighbour's Tree Is Damaging Your Property

If a neighbour's tree has cracked a path, lifted a fence, blocked a pipe, damaged a roof or is likely to hurt someone, Legal Aid NSW suggests you:

1. Take photographs of the damage
2. Speak to your neighbour
3. Get advice or a report from an arborist about the tree
4. Get written quotes for the repairs

If you still cannot agree, you can apply to the Land and Environment Court under Part 2 of the Trees Act. It can order work to remedy, restrain or prevent damage, require compensation for damage to property, authorise you to carry out specified work, authorise entry to the neighbour's land, and require a replacement for any tree it orders to be removed.

Legal Aid NSW notes a six-year time limit to claim compensation for damage, counted from when the damage happened. There is no time limit for other orders.

When a Neighbour's Tree Falls in a Storm

Legal Aid NSW says that if a neighbour's tree falls on your property during a storm, your neighbour may not be responsible. They can only be responsible if they knew, or should have known, that the tree was dangerous. Check your insurance product disclosure statement to see what your policy covers.

Stay clear of any fallen powerlines, and see our guide on what to do when a tree falls.

High Hedges Blocking Sunlight or Views

Part 2A of the Trees Act covers hedges. It applies to groups of two or more trees planted to form a hedge that rise to at least 2.5 metres above ground. A single tree is not a hedge for this purpose.

You can apply to the Court if the hedge on adjoining land is severely obstructing sunlight to a window of your home, or a view from your home. The Court must be satisfied the obstruction is severe and that your interest in fixing it outweighs the reasons for leaving the hedge alone. It considers matters such as whether the hedge was there first, the hours of sunlight lost through the year, and what view remains. Legal Aid NSW suggests getting a shade diagram from an expert before you apply.

The Court can order pruning to a set height, ongoing maintenance, or removal and replacement with a different species. It cannot award compensation for a hedge obstruction.

Council's exemptions include pruning or removing hedges of this kind, unless a development consent requires the hedge to be kept. So if your neighbour agrees, a hedge trim may not need a Council permit at all.

Taking It to the Land and Environment Court

The Land and Environment Court's tree and hedge dispute pages set out the process:

• Who can apply. An owner or occupier of land adjoining the land where the tree or hedge stands.
• Which trees. Trees on private land in residential and certain other zones. The Act does not apply to trees on land vested in or managed by a council. "Tree" includes any woody perennial plant, and Legal Aid NSW notes bamboo, giant clumping grass and vines are also treated as trees.
• Forms and filing. Form C with Form H (damage or injury) or Form G (high hedges), filed at the Court's registry, by post, by email or at any Local Court registry.
• Filing fee. $320 for an individual, or $639 for a corporation, under the Court's fee schedule updated on 1 July 2026. Fee waivers can be requested.
• Notice. Serve a stamped copy on your neighbour and on Council at least 21 days before the preliminary hearing, which is usually 4 to 6 weeks after filing.
• Hearing. The final hearing usually starts on site and is usually run by a commissioner who is an arborist.

In 2024, the median completion time for tree disputes was 108 days, and at least one party was self-represented in 84 per cent of matters. Costs orders are not generally made, but each side pays for its own expert evidence.

An order under the Trees Act has effect despite any Council or heritage consent requirement for the work. Failing to comply is an offence with a maximum penalty of 1,000 penalty units, and Council can be asked to carry out the work and recover the cost.

Getting Help With Mediation and Advice

Since 1 July 2025, NSW Community Justice Centres only mediate court-referred and incorporated association disputes, so neighbour mediation now generally means a private mediator. Council's neighbourhood disputes page points to the Law Society of NSW's dispute resolution programs, BarADR and the Register of Nationally Accredited Mediators, and to LawAccess NSW on 1300 888 529 for free legal information and referrals. Get legal advice before starting court proceedings, especially if you are claiming compensation.

What a Tree Service Can and Cannot Do

We can inspect the overhang from your property, explain what pruning to suitable growth points would involve, quote for agreed work (including work both neighbours share), and carry out pruning that fits Council's permit-free allowance, a confirmed exemption or an approved permit. Where Council has asked for a basic report, we can check whether the request fits our arborist report service.

We cannot work on a neighbour's land without the owner's permission, prune beyond Council's limits without a permit, top a tree or cut it back without regard to growth points, lodge applications or deal with Council for you, or prepare reports for court proceedings.

How We Can Help

If you and your neighbour agree on what should happen, we can arrange a free on-site assessment, check the work against Council's rules, and give a written quote that sets out exactly which branches will be pruned and how the material will be handled. Our tree pruning service follows AS 4373, and our team members include AQF Level 3 and AQF Level 5 qualified arborists.

There is no travel surcharge anywhere in our 47-suburb Northern Beaches service area. If a neighbour's tree has already come down or is hanging dangerously, call us any time for emergency tree help.