How to Handle Hazardous Tree Disputes with Your Neighbour

A large tree leaning over a fence, dropping limbs onto a roof, or lifting a driveway with its roots can cause real tension between neighbours. In Wollongong, the problem is more common than you might expect. Storm-prone weather, steep escarpment blocks, established coastal gardens and older suburbs with mature trees all contribute. This guide explains how to approach a hazardous tree dispute calmly, what NSW law says in 2026, and when to bring in professionals.

Start by Understanding What Makes a Tree "Hazardous"

Not every messy or inconvenient tree is a legal hazard. Falling leaves, shade and natural debris are usually considered part of living near trees. A tree is more likely to be treated as hazardous when it presents a genuine risk of injury or property damage. Warning signs include:

Dead, hanging or cracked limbs over a house, driveway, play area or clothesline
A noticeable lean that has developed or worsened recently
Fungal growth, such as brackets or mushrooms, around the base or trunk
Hollow sections, deep cavities or large areas of missing bark
Soil heaving or fresh cracks near the roots after heavy rain or wind
Roots damaging drains, retaining walls, pools, paving or foundations
Branches growing into or near power lines

Photograph the issue with dated images, ideally from your own property, and keep a record of any storm events that make it worse.

Step 1: Talk to Your Neighbour First

Most tree disputes are resolved by a calm, early conversation. Many owners do not realise a tree has become a problem, especially if the defects are high in the canopy or visible only from your side of the fence.

Choose a good time and tone. Raise the issue face to face and focus on safety rather than blame.
Be specific. Point out the branch, crack or root problem and explain what concerns you.
Suggest a practical solution. Offer to share the cost of an arborist inspection, for example.
Follow up in writing. A short, polite letter or email creates a record and shows you have made a genuine attempt to resolve the issue.

Written notice matters. If the matter ever reaches the Land and Environment Court, you will need to show that you tried to resolve it first.

Step 2: Get an Independent Arborist Assessment

Opinions about a tree can differ widely, so an objective report is the strongest tool in any dispute. A qualified arborist, ideally one holding an AQF Level 5 Diploma in Arboriculture, can inspect the tree and report on its health, structure and risk. A good report typically covers:

Species, approximate age, height and condition
Structural defects, disease or decay
The likelihood and potential consequences of failure
Recommended work, such as deadwood removal, crown reduction, cabling or full removal
Whether the work needs Wollongong City Council approval

Neighbours who disagree about the tree's condition often accept the findings of a neutral expert. Sharing the cost of the report can also show goodwill.

Step 3: Check Council Rules Before Any Work Starts

Removing or heavily pruning a tree without approval can lead to significant penalties, even if the tree is a nuisance. In Wollongong, the Council regulates tree work through its planning controls, including the Wollongong Development Control Plan and state vegetation policies. Many trees on private land need a permit before they are removed or substantially pruned. Special rules may apply to:

Trees above certain size thresholds
Trees in heritage conservation areas or on heritage-listed properties
Trees in environmentally sensitive or escarpment areas
Native vegetation and endangered ecological communities

Some trees, including certain declared weeds, may be exempt, and dead or imminently dangerous trees are often treated differently. The rules change and depend on the specific tree and site, so confirm the current requirements with Wollongong City Council before any cutting begins. If the property is in a bushfire-prone area, separate vegetation clearing rules, such as the 10/50 Code of Practice, may also apply.

Your Rights Regarding Overhanging Branches

Under common law, you can generally trim branches that overhang your property, but only up to the boundary line, and you must not trespass onto your neighbour's land to do so. The trimmed material technically belongs to your neighbour. Pruning can also harm a tree's structure and create liability if it is done badly or kills the tree. Council permission may still be required if the tree is protected. For anything beyond light trimming, get advice from a qualified arborist first.

Step 4: Try Mediation

If conversation does not work, consider mediation before heading to court. Community Justice Centres (CJCs) across NSW offer free, confidential mediation for neighbourhood disputes, including those about trees. A trained, impartial mediator helps both sides reach a practical agreement, such as who pays for pruning, when the work will happen and how access will be arranged. Agreements can be written down, and mediation is usually faster, cheaper and less damaging to the relationship than litigation.

Step 5: The Land and Environment Court

In NSW, tree disputes between neighbours are governed by the Trees (Disputes Between Neighbours) Act 2006. The Land and Environment Court can hear applications from a landholder whose property has been damaged by a neighbour's tree, or who believes the tree is likely to cause damage or injury. The Court can make orders such as:

Requiring the tree to be removed, pruned or otherwise treated
Ordering payment for property damage caused by the tree
Requiring repair work or protective measures
Setting conditions on who carries out the work and when
Allocating the cost of the work between the parties

Before the Court will hear a case, you will normally need to show you have given the tree owner notice and a fair chance to address the problem. The Court considers factors such as the severity of the risk or damage, the tree's contribution to the problem, its environmental and heritage value, and whether the work is reasonable. Court fees apply, and outcomes are not guaranteed, so an arborist report, photographs and evidence of repair costs are important. The Act also has separate provisions for high hedges that block sunlight or views, although these do not apply to every situation.

What If the Danger Is Immediate?

If a tree or limb has already failed, or is in danger of falling right now, treat it as an emergency:

Keep people and pets away from the area and avoid parking under the tree.
Call 000 if there is an immediate threat to life or a fallen tree is blocking a road.
Call the NSW SES on 132 500 for storm-related damage and fallen trees on buildings.
Contact Endeavour Energy about any tree touching or near power lines, and never approach it yourself.
Contact an emergency tree service to make the situation safe.

Emergency removal of dangerous trees is often allowed without prior approval, but you should keep photos and any arborist evidence, and notify the Council promptly.

Liability and Insurance

Tree owners have a duty of care to take reasonable steps to prevent foreseeable harm. Once an owner has been told in writing that a tree is dangerous, ignoring the warning can increase https://treeremovalwollongong.com.au/land-clearing/ their exposure if the tree later causes damage or injury. Check your home insurance for storm damage and tree removal cover, and tell your insurer if a neighbour's tree has damaged your property. Insurers may also ask for evidence that you notified the tree owner.

Tips for Keeping the Peace

Act early, while the problem is small and relations are good.
Keep all communication polite and factual.
Never cut, poison or damage a neighbour's tree, as this can lead to heavy penalties.
Use a licensed, insured arborist for any work, particularly near buildings or power lines.
Document everything, including photos, reports, quotes and correspondence.

When to Call a Local Arborist

An experienced Wollongong arborist understands local species, soil conditions, coastal winds and Council requirements. They can inspect the tree, provide a written risk assessment, advise on approvals and carry out the work safely once agreement is reached. Early professional advice often prevents a minor disagreement from becoming a costly legal dispute, and gives you and your neighbour a clear, neutral basis for deciding what to do next.

This article offers general information only and is not legal advice. For disputes involving significant damage or legal action, consider speaking with a solicitor or contacting Wollongong City Council to confirm current requirements.

Wollongong Tree Removal Pros

106 Gipps St, Wollongong NSW 2500

(02) 4210 5945