Neighbour's Tree Over Your Fence? Know Your Next Steps

Branches hanging over the fence, roots lifting pavers, or leaves clogging gutters are common complaints across Wollongong suburbs, https://manuelpoby668.rivertonbrief.com/posts/do-tree-roots-pose-a-serious-risk-to-your-home-slab from the older streets of Keiraville and Fairy Meadow to newer estates in Horsley and Tullimbar. Before you pick up a saw or knock on the door, it helps to understand your rights, your neighbour's responsibilities, and the rules that apply in the Wollongong local government area in 2026.

This article is general information only and is not legal advice. For a specific dispute, speak with a solicitor or a Community Justice Centre.

Who Owns the Tree and Who Is Responsible?

A tree belongs to the owner of the land where its trunk is growing. That owner is generally responsible for its condition and for any damage it causes. If the trunk sits right on the boundary line, the tree may be jointly owned, and both neighbours share responsibility for decisions about it.

Branches that cross into your airspace do not change who owns the tree. However, they do give you certain limited rights, covered below.

Your Rights Under NSW Law

Trimming Overhanging Branches and Roots

Under common law, you can generally cut back branches and roots that cross onto your property, but only up to the boundary line. There are important limits:

• You cannot enter your neighbour's land to do the work without their permission.
• You are usually responsible for the cost of the pruning.
• Cutting must not destroy the tree or make it unstable. If a poorly pruned tree dies or falls, you could be held liable.
• Cuttings technically belong to the tree owner, so you should offer to return them or arrange for their disposal in agreement with your neighbour.
• Council approval may still be required before any pruning takes place (see the next section).

Because of these risks, many homeowners engage a qualified arborist to do the work properly and document what was done.

The Trees (Disputes Between Neighbours) Act 2006

If talking does not resolve the issue, the NSW Trees (Disputes Between Neighbours) Act 2006 allows you to apply to the NSW Land and Environment Court. The Court can make orders when a tree on neighbouring land has caused, is causing, or is likely to cause damage to your property, or is likely to cause injury to someone.

Orders may include requiring the tree to be pruned or removed, requiring the owner to pay for repairs, or setting conditions on how and when work is done. The Act has a separate part dealing with high hedges, which are rows of evergreen trees over 2.5 metres tall that severely obstruct sunlight or views, although it applies only in certain circumstances and areas. The Act generally covers urban residential, business and industrial land, so it is worth checking how it applies to your situation.

Mere inconvenience, such as leaf litter, falling fruit or shade, is generally not enough on its own. The Court focuses on property damage and safety risks, so evidence matters.

Check Wollongong Council Tree Rules First

Wollongong City Council regulates tree removal and pruning through its Development Control Plan and tree preservation provisions. Depending on the species, size, location and zoning, a permit or approval may be required to prune or remove a tree, even if it is overhanging your property. Extra controls can apply to land near the escarpment, coastal and riparian areas, heritage items and conservation areas, and sites with significant native vegetation.

Bushfire-prone land is also relevant in parts of Wollongong. NSW rules allow certain vegetation clearing near homes in designated areas without approval, but only within specific limits. Do not assume an exemption applies. Confirm with Council or the NSW Rural Fire Service before cutting anything.

Penalties for unauthorised tree removal or damage can be significant, so it pays to check first.

Recommended Steps to Resolve the Issue

1. Document the problem. Take dated photos of overhanging branches, cracked paving, damaged fences, blocked gutters or lifted driveways. Keep repair quotes and invoices.
2. Talk to your neighbour. A friendly, early conversation resolves many disputes. Your neighbour may not realise there is a problem.
3. Put your request in writing. Send a polite letter explaining the issue, what you would like done and a reasonable timeframe. Keep a copy.
4. Get an arborist's report. A qualified arborist (ideally AQF Level 5) can assess the tree's health, structural risk and the likely source of damage. This is valuable evidence if the matter escalates.
5. Consider mediation. Community Justice Centres in NSW offer free mediation for neighbour disputes. The Court expects applicants to have made genuine attempts to resolve the matter first.
6. Apply to the Land and Environment Court if necessary. This is the last resort, as it involves fees, paperwork and potentially costs orders.

When a Tree Is an Immediate Danger

If a neighbouring tree looks dangerous, such as a large split limb, visible lean, uprooting or heavy decay, act quickly. Notify your neighbour in writing, and contact Wollongong City Council if the tree may pose a public risk. After storms, the NSW SES on 132 500 can assist with trees threatening property or life. Powerlines are an extra hazard: stay well clear and contact the electricity network operator, Endeavour Energy, rather than attempting any work yourself.

Keep records of your notifications. If a tree owner has been told a tree is hazardous and does nothing, they may be exposed to liability if it causes damage or injury.

Insurance Considerations

If a neighbour's tree has already caused damage, check your home insurance policy and consider lodging a claim. Insurers may pursue the tree owner for recovery, particularly where the owner was aware of the risk. Check also whether your policy covers the cost of removing fallen trees, as limits and exclusions vary.

Working With a Professional Tree Service

Whether you are the owner of the tree or the affected neighbour, a reputable local arborist can help by:

• Assessing tree health, stability and the cause of any damage
• Advising whether Council approval is needed and assisting with applications
• Carrying out correct pruning that complies with Australian Standard AS 4373 (Pruning of Amenity Trees)
• Providing written reports for neighbours, insurers or the Court
• Working safely around powerlines, steep blocks and tight access

Always confirm that any contractor holds public liability insurance and workers compensation cover, and ask for a written quote that specifies the work to be done.

Key Takeaways

A neighbour's overhanging tree does not need to become a long-running dispute. Understand who owns the tree, check Wollongong Council requirements before any pruning, keep good records, and communicate respectfully and in writing. Use an arborist's expertise to back up your case or complete the work safely. If all else fails, the Trees (Disputes Between Neighbours) Act 2006 provides a formal pathway, but most issues are resolved faster, and at less cost, through early conversation and professional advice.

Wollongong Tree Removal Pros

106 Gipps St, Wollongong NSW 2500

(02) 4210 5945