Can You Remove a Neighbour's Overhanging Tree Branches?

Overhanging branches are one of the most common boundary disputes in Wollongong suburbs, from older streets in Keiraville and Thirroul to newer estates in Haywards Bay and Calderwood. The short answer is that you may have a legal right to cut branches that cross your boundary, but that right has limits. In Wollongong, local tree protection rules, power line clearances and NSW neighbour dispute laws can all affect what you can do. Getting it wrong can lead to costly disputes or penalties.

This article is general information only and is not legal advice. Check your situation with Wollongong City Council, a solicitor or the NSW Land and Environment Court if you are unsure.

The Common Law Right of Abatement

Under common law in NSW, a property owner can generally remove branches or roots that extend over or under their boundary. This is known as the right of abatement, and it is treated as a form of self-help against a nuisance. The right comes with important conditions:

Cut only to the boundary line. You can trim what crosses into your airspace, but not beyond it. Reaching over the boundary to cut further is trespass.
Do not enter your neighbour's land without permission. If you need to access their property to carry out the work, you must ask first.
Avoid damaging the tree. If heavy cutting kills the tree or makes it unstable, you may be liable for the damage, even if every cut was on your side of the fence.
Cuttings belong to the tree owner. Offer to return branches, fruit and other material. Do not dump them over the fence or leave them on the neighbour's property without agreement.
Do not use the right as a route to remove the whole tree. It covers only the overhanging parts.

Check Wollongong Council's Tree Rules First

The common law right does not override statutory tree protection. In Wollongong, pruning or removing trees on private land can require council approval, depending on the species, size, location and the work involved. The main controls are the Wollongong Development Control Plan (DCP) provisions on tree and vegetation management and the NSW vegetation State Environmental Planning Policy for non-rural areas.

Approval may be needed where the tree is:

A protected or prescribed tree above a certain size or height
On or near the Illawarra Escarpment, in riparian areas, or in bushland or coastal vegetation
Part of a threatened ecological community, such as remnant Illawarra subtropical rainforest
On a heritage-listed property or within a heritage conservation area
Subject to a development consent condition, such as a landscape or biodiversity requirement

Some minor pruning is usually exempt, but the thresholds vary. Contact Wollongong City Council's tree management or planning team before cutting anything substantial. Penalties for unauthorised tree work can be significant, and the fact that the branches overhang your land is not necessarily https://reidoyqe005.laurelcurrent.com/posts/do-tree-roots-pose-a-serious-risk-to-your-home-slab a defence.

Talk to Your Neighbour First

Even if you are legally entitled to trim, starting with a conversation usually produces the best result. Many neighbours are willing to arrange pruning themselves, or to share the cost, once they understand the problem. A friendly approach also reduces the risk of a dispute over how the work was done.

Raise the issue politely and explain exactly which branches concern you and why, such as blocked gutters, shade, damage to a roof or fence, or safety.
Follow up in writing with a short letter or message, including photos and the date.
Offer practical solutions, such as engaging one qualified arborist for both properties or splitting the cost.
Keep records of all communication, quotes and photos in case the matter escalates.

When a Tree Is Causing Damage or Danger

If talking does not work, the Trees (Disputes Between Neighbours) Act 2006 (NSW) provides a formal path. The NSW Land and Environment Court can hear applications about trees on neighbouring land that have caused, or are likely to cause, damage to property or injury to a person. The Court can order the tree owner to prune or remove the tree, pay for damage, or allow work to be done, and it can make orders about who bears the costs.

Key points about this process:

You are expected to have made a genuine attempt to resolve the matter with the tree owner first, and generally to give written notice.
The Court considers factors such as the tree's location, its age and health, its contribution to the landscape, and whether the problem is genuine damage or just inconvenience.
Falling leaves, blocked gutters, sap and shade alone are often not enough. The Court looks for actual or likely damage or injury, although the owner may still be asked to address the problem in some cases.
Separate provisions on high hedges can apply where a row of two or more trees planted as a hedge, usually over 2.5 metres, severely obstructs sunlight to a living area or a view. These have specific requirements.

The Act applies to privately owned trees. If the overhanging tree is on a street verge, reserve or other public land, report it to Wollongong City Council rather than seeking orders against a neighbour.

Trees Near Power Lines

Never prune branches near powerlines yourself. In the Wollongong area, the electricity network is operated by Endeavour Energy, and vegetation within minimum clearance distances of overhead lines must be handled by approved, suitably qualified contractors. If a neighbour's branches are touching or close to service lines, contact the network operator instead of cutting them.

Hiring a Qualified Arborist

For anything beyond light trimming, engage a professional arborist with at least an AQF Level 3 qualification in arboriculture, appropriate insurance and a good understanding of Australian Standard AS 4373 (Pruning of Amenity Trees). A qualified arborist can:

Assess whether the tree is healthy and how much can be safely removed
Advise on whether council approval is required for the work
Make clean cuts at the correct points to reduce the risk of disease or decay
Provide a written report that can support a council application or a Land and Environment Court matter

As a general guide, removing more than about 10 to 20 percent of a tree's canopy in one go can stress it, so heavily overhanging trees may need staged pruning. Many Wollongong properties also sit on steep blocks with limited access, which makes professional equipment and experience especially valuable.

Practical Tips Before You Cut

Confirm the exact boundary line, using a survey if there is any doubt.
Photograph the branches before and after pruning.
Check for nesting wildlife. Native animals in Wollongong, including birds and possums, are protected under NSW law.
Check whether the tree is subject to a covenant, heritage listing or development condition.
Do not use herbicides, ringbarking or other methods that could harm the tree.

Summary

In most cases you can cut branches overhanging your boundary, but only up to the boundary line, without harming the tree, and subject to Wollongong City Council's tree protection rules. Start with a conversation, check council requirements, use a qualified arborist for significant work, and keep records. If a neighbour's tree is causing real damage or posing a danger, the Trees (Disputes Between Neighbours) Act 2006 gives you a formal avenue through the Land and Environment Court. Taking these steps in order protects you legally and helps keep relations with your neighbour intact.

Wollongong Tree Removal Pros

106 Gipps St, Wollongong NSW 2500

(02) 4210 5945