Neighbour Disputes

Hurstville City Council does not have the authority to direct a neighbour to prune or remove a tree that is growing onto your property.

This matter is a civil dispute and must be resolved between neighbours. Options for resolution include:

• Ask your neighbour to prune or remove the tree – explain why you think the tree requires pruning or removal. If your neighbour agrees, they will need to complete and return Council’s development application for consent to remove or prune trees.
• Apply to Council for consent to prune branches overhanging your property – You will need to complete and return Council's development application for consent to prune trees, for any branches that are overhanging your property. Your neighbour’s permission is not required to prune branches overhanging your property, however Council's permission is still required.  Council cannot give you consent to enter your neighbour's property as this could be considered trespassing. Therefore all pruning (once permission has been granted) should be undertaken within your property unless the neighbour permits access.    In addition to Council Consent your neighbour’s consent is required where overhanging branches are to be

  pruned back further than your boundary. Some times to reduce the encroachment the pruning work needs to go beyond the boundary. To comply with Australian standards ­– AS 4373-2007 Puning of Amenity Trees the work may need to go beyond the boundary fence.   Also it is a matter between the residents to decide who removes/pays for works to be completed (Civil matter)

• Seek mediation - if your neighbour does not agree with your proposal, or you can not agree on who is responsible for paying pruning or removal costs, you can seek mediation. Trained mediators can help neighbours achieve an outcome that is satisfactory to all parties. This service can be provided by a Community Justice Centre.
  
  
• Obtain legal advice - if you believe the tree is creating a legal nuisance.

More information

Tree Management – development application for consent to remove or prune trees and tree pruning and removal guidelines.

Community Justice Centres – alternatively, telephone 1800 990 777.