Disputes about pruning or removing trees on private land (within yours and your neighbour's land boundaries) must be resolved between neighbours.
Discuss with your Neighbour
Talk to your neighbour about your concerns. They might not know there are issues with their tree. This can result in an easy solution to the matter.
You can apply to Council for approval to prune neighbour's branches that overhang your property back to your boundary line. However, if you want to prune further back into your neighbour's property, you need their consent.
Only the owner of a tree or their delegated representative may lodge an application for tree removal.
It is a matter between the residents to decide who removes and pays for works to be completed.
Not in Agreement
If your neighbour does not agree with your proposal, or you cannot reach an agreement, you may apply to the Land and Environment Court of NSW under the Trees (Disputes between Neighbours) Act 2006. This Act only applies to trees located on private property. It does not cover trees owned or managed by Council.
If you want to explore your options more, consider getting free legal advice from Legal Aid New South Wales. They offer general legal assistance and have an online chat service. This service can guide you based on your specific situation.
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