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Trees

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

  • This topic covers

    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 and enforcement of orders

Time limitAction
21 daysIf you are applying for a tree order in the Land and Environment Court, 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.

Organisation

OrganisationResponsibilities
NSW Land and Environment Court

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 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.

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 2019 (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
NSW Land and Environment Court

You have to pay a fee to file an application for the Land and Environment Court 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 website.

 

OrganisationForm
NSW Land and Environment Court

To start a case in the Land and Environment Court, 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 website.

OrganisationTypeCosts
NSW Land and Environment CourtLegal costsIf you apply for a tree order 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.
Woman working on computer

Frequently Asked Questions

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

Go to questions

More services

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.

Last updated: January 2024