Neighbour Tree Disputes: Your Rights and Responsibilities in Australia

Trees growing near property boundaries are a common source of disputes between neighbours in Australia. Understanding your rights and responsibilities can help you resolve these situations without damaging relationships or breaking the law.

Your Rights Regarding a Neighbour’s Tree

In Australia, you generally have the right to trim branches and roots that cross your property boundary, up to the boundary line. However, you cannot trespass onto your neighbour’s property, you must return any cut material to your neighbour, and you cannot damage or kill the tree. For details on branch management, see our overhanging branches guide.

When to Seek Professional Help

For significant tree work near boundaries, it is advisable to obtain an arborist report documenting the tree’s condition and the justification for work. Professional pruning ensures branches are cut correctly without harming the tree. This professional approach helps maintain neighbourly relations and provides documentation if disputes escalate.

Formal Dispute Resolution

If informal negotiation fails, options include community mediation services, applying to the council for assistance, the NSW Land and Environment Court (Trees Act 2006), and NCAT (NSW Civil and Administrative Tribunal). The council tree removal process may also provide a resolution pathway.

Get Impartial Professional Advice

We connect you with qualified arborists who provide impartial assessments and reports. Find a qualified arborist near you who can help resolve tree disputes professionally.