Fences and Overhanging Trees

Fences

Council often receives enquiries in relation to these matters, however such matters are regulated under the Dividing Fences Act 1991 and are a civil matter that neighbours need to work out between themselves. 

Council has been advised that the NSW Government has decided to close Community Justice Centres (CJCs) in NSW.

From July 1 2025 the Department of Communities and Justice (DJC) will only provide mediation services for matters referred directly from the courts or relating to disputes involving incorporated associations.

CJC will remain open until 30 June 2025 to provide information to assist in resolving disputes, however mediation sessions will not be offered for new enquiries from 1 May 2025, other than those directed by the courts or involving incorporated associations.

For information about how to resolve these and other types of disputes and what to do where an agreement cannot be reached between the parties please visit https://www.legalaid.nsw.gov.au/

This website includes resources such as guided pathways, sample forms, agreements and other documents.

 

Overhanging trees

Overhanging trees from neighbours can be another source of complaint and friction between neighbours. 

This is a civil matter that is best dealt with by talking with your neighbouring.  You have some rights to prune overhanging branches and roots from your neighbour’s tree however you should first check with Council to see if there is a Tree Preservation Order.

If a tree on Council land is overgrown or needs pruning, you need to contact Council who will assess and if needed undertake the work.

A customer request form must be completed.