Trees on your neighbour’s property
Council would recommend you talk to your neighbour to try and resolve the issue. You can ask your neighbour to remove or trim the tree. Council does not generally regard falling leaves as a legitimate reason for removing trees. They will need to contact a Council Officer on 3829 8943 to find out if they need to make an application as penalties for damaging protected vegetation are severe.
If you are in dispute with your neighbour, it may be useful for you to contact the Dispute Resolution Centre at 1800 017 288. Council does not get involved in civil disputes between neighbours.
Common Law allows you to prune branches on your side of the fence or boundary as long as it is not detrimental to the tree’s health - incorrect pruning can affect the stability of a tree.
You should also contact a Council Officer on 3829 8943 to be sure that the exemptions to tree protection under Local Law 6 and Subordinate Local Law 6 apply.
If you are in dispute with your neighbour it may useful for you to contact the Dispute Resolution Centre. Council does not get involved in civil disputes between neighbours. For more information, visit the Department of Justice and Attorney-General webpage on overhanging branches.
Council would recommend you talk to your neighbour to try and resolve the issue. You can ask your neighbour to remove the tree. They will need to contact a Council Officer on 3829 8943 to find out if they need to make an application as penalties for damaging protected vegetation are severe.
If you are in dispute with your neighbour it may be useful for you to contact the Dispute Resolution Centre. Council does not get involved in civil disputes between neighbours. For more information, visit the Department of Justice and Attorney-General webpage on tree roots.
It is possible that trees can be removed under the exemptions in the Local Law 6 and Subordinate Local Law 6 or that a permit has been issued by Council.
However, Council relies upon the eyes and ears of citizens to help enforce the law. To report any unlawful tree clearing, contact Developmental Control at 3829 8704 .
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