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Trees

Information about disputes between neighbours about trees, overhanging branches, high hedges and bamboos.

  • This topic covers

    • Tree disputes between neighbours
    • Overhanging branches
    • ​Tree Preservation Orders
    • Trees that may cause damage or injury to others
    • High hedges that block sunlight or views
    • Applications to the Land and Environment Court of NSW and enforcement of orders

Time limitAction
21 daysIf you are applying for a tree order in the Land and Environment Court of NSW, you need to give your neighbour at least 21 days notice of your application, unless the Court makes different orders. You also need to give the same amount of notice to the Local Council (if there is a Tree Preservation Order) and Heritage Council (if there is a Heritage Order).
Six years To claim compensation if a tree has caused damage to your property.

Organisations

OrganisationResponsibilities
Land and Environment Court of NSW

Has the power to make various orders to:

  • deal with dangerous trees and high hedges
  • award compensation for damages in certain circumstances.

Legislation

AuthorityCovers
Trees (Disputes Between Neighbours) Act 2006 (NSW)Outlines the powers of the Land and Environment Court of NSW to make orders in cases where a tree is at risk of causing damage or injury to others. It also has provisions about high hedges that block sunlight or views. . The Act applies to trees that are located on private neighbouring lands, it doesn’t apply to trees on council or government owned land.
Trees (Disputes Between Neighbours) Regulation 2024 (NSW)Provides a prescribed definition of tree for section 3(1) of the Trees (Disputes Between Neighbours) Act 2006 (NSW).
Access to Neighbouring Land Act 2000 (NSW)Enables courts to make orders permitting access to land by persons not otherwise entitled to that access for the purpose of carrying out work on their own land or carrying out work on utility services on that land, and to provide for the payment of repair and maintenance costs relating to utility services by joint users of services; and for other purposes.

Common term​​Definition
HedgeThe Tree (Disputes Between Neighbours Act) 2006 (NSW) defines a hedge as two or more trees over 2.5 metres high (above ground level) that are planted together to form a hedge.
Heritage OrderAn order made by the Heritage Council that states something is protected because of its history or cultural identity.
​Tree

In the Trees (Disputes Between Neighbours) Act 2006 (NSW), a tree is defined as:

  • any woody perennial plant
  • any plant resembling a tree in form and size
  • any other plant prescribed by the regulations.

The Trees (Disputes between Neighbours) Regulation 2024 (NSW) defines a tree to include:

  • bamboo
  • tiger grass
  • giant clumping grass
  • any plant that is a vine.
Tree Preservation Order An order from the Local Council that states that a tree cannot be removed or lopped (cut) as it is protected.

OrganisationFee
Land and Environment Court of NSW

You have to pay a fee to file an application for the Land and Environment Court of NSW to resolve a tree dispute. 

If you can't afford to pay a fee, you can apply to have the fee waived or postponed in certain circumstances.

See Schedule of court fees on the Land and Environment Court of NSW website.

 

OrganisationForm
Land and Environment Court of NSW

To start a case in the Land and Environment Court of NSW, you will need to complete an application form. The form that you need to use depends on the type of case you are commencing.

See Forms​ on the Land and Environment Court of NSW website.

OrganisationTypeCosts
Land and Environment Court of NSWLegal costsIf you apply for an order about a tree and a Commissioner makes an order, they don't have the power to order payment of legal costs. If either party wants to claim their legal costs, the application will have to be determined by a Judge in the Land and Environment Court of NSW.

Frequently Asked Questions

Trees FAQs

Frequently Asked Questions about disputes between neighbours about trees, overhanging branches, high hedges and bamboos.

Community Justice Centres

CJCs provide mediation services for disputes about fences, trees, noise, animals, privacy and access to property.

Community Legal Centres

Community legal centres give free and confidential legal help to people in need.

Local Councils

Find your local council using the Office of Local Government website

Solicitor Referral Service

If you need legal help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Contact us

If you have a legal problem in NSW, Legal Aid NSW is here to help you.

Trees

This page has information that can help you to resolve a dispute with your neighbour about a tree or hedge.

Last updated: December 2024