Trees

Trees and hedges

Trees include any woody perennial plant and any plant resembling a tree in form and size. Bamboo, tiger grass/giant clumping grass and any plant that is a vine are recognised as a tree.

A hedge is two or more trees that are over 2.5 metres high, measured from ground level, and planted together to form a hedge.

For more information, see Trees and plants. 

Damage from trees

You are responsible for looking after trees on your property.

If a tree on your neighbour’s land is damaging your property, or you are worried someone could be hurt, you should speak to your neighbour. You should also get advice from an arborist about the tree.

If a neighbour’s tree has caused damage to your property, you should:

• take photos of the damage
• speak to your neighbour
• get a report from an arborist
• get a written quote for repairs.

If you can’t agree with your neighbour after negotiation or mediation, you can apply to the Land and Environment Court of NSW. The court may order that the tree be removed or maintained, or that compensation be paid for the damage.

Trees that fall in a storm

If your neighbour’s tree fell on your property during a storm, your neighbour may not be responsible for the damage. They can only be responsible if they knew, or should have known, that the tree was dangerous.

If you have insurance, check your product disclosure statement (PDS) to see if you are covered.

Overhanging branches and dropping leaves

If your neighbour’s tree has overhanging branches, you should speak to your neighbour and check with your local council before cutting back to the boundary.

Some trees are protected by a tree preservation order. This means you need permission from your local council before you cut the branches. If you are not sure, check with your local council first. You can be fined if you interfere with a protected tree.

Do not enter your neighbour’s land without their permission or damage the tree. If you do, you may be trespassing.

For more information, see the factsheet Let's talk trespass on the Legal Aid NSW website.

If your neighbour's tree is dropping leaves, flowers, seeds or fruit and this is causing a problem, speak to your neighbour. If you need help to reach an agreement, you can try mediation. The court is unlikely to make an order about dropping leaves, flowers, seeds or fruit unless it has caused property damage or is likely to injure someone.

Blocking sunlight or views

Some trees or hedges can block sunlight or views. 

You should speak to your neighbour first.

If you can’t resolve the dispute with your neighbour, you can try mediation or apply to the Land and Environment Court of NSW for an order.

Before you apply to the court, you should get a shade diagram from an expert. You will need to show that the tree is severely blocking sunlight or views.

Bushfire prone areas

If you live near bushland, your property may be in something called a 10/50 vegetation clearing entitlement area. This means you may be allowed to clear some trees or plants from your property to help reduce bushfire risk.

You are allowed to:

• clear trees on your property that are within 10 metres of your home without getting approval
• clear plants, such as shrubs, on your property that are within 50 metres of a home without getting approval.

You can use the NSW Rural Fire Service website to check if you’re in a 10/50 area.

You are not allowed to clear your neighbour’s land.

Land and Environment Court of NSW

The Land and Environment Court of NSW can make orders to:

• stop a neighbour’s tree from damaging your property
• prevent injury to someone
• stop a neighbour’s high hedge from severely blocking sunlight or views from a home.

You must give a stamped copy of your application to your neighbour and the local council at least 21 days before the preliminary hearing. Your neighbour can respond by filing a notice of appearance with the court.

You need supporting documents such as photos, videos, diagrams and expert reports from arborists. 

Before you apply, you should speak to a private lawyer about your situation and whether it is worth starting a claim.

Court cases can take time and may cost money. Get legal advice before you apply.