Who Owns and Can Trim Boundary Trees in NSW?

Understanding Tree Ownership, Rights & Responsibilities in Western Sydney

Boundary trees can be a blessing or a battleground. In Western Sydney, it’s not uncommon for trees growing near fences or property lines to spark disputes between neighbours. Whether you're concerned about overhanging branches or wondering who can legally cut what—understanding tree ownership laws in NSW is essential.

At GDE Tree Services, we’ve helped countless homeowners resolve tree-related disputes with a calm, professional, and eco-conscious approach. In this guide, we’ll walk you through everything you need to know about tree ownership, pruning rights, and tree removal in Western Sydney—so you can move forward with clarity and confidence.

What Is a Boundary Tree in NSW?

A boundary tree is one that straddles or is planted right along the property line between two parcels of land. In most cases, the trunk determines ownership. If a tree’s trunk stands entirely within your boundary, it’s your tree. If it straddles both properties, it’s considered jointly owned.

This distinction plays a critical role in understanding:

Who owns boundary trees in NSW
Who is responsible for tree maintenance
Whether you can trim or remove it

🔗 Source: NSW Government’s Trees (Disputes Between Neighbours) Act 2006

Boundary Tree Ownership & Disputes in NSW

When it comes to boundary tree disputes in NSW, the main concerns are usually:

Overgrown tree branches hanging over a fence
Damage from roots or falling limbs
Who has the right to cut or prune
Liability for property damage or personal injury

If a tree trunk is on your neighbour’s land, but branches stretch into your yard, you have the legal right to trim those branches—but only up to the property line. However, you're not allowed to harm the tree or access your neighbour’s property without permission. This is known as the “right of abatement.”

For trees growing directly on the boundary line, decisions about trimming or removal must be made jointly. You can't remove or lop a boundary tree unilaterally—unless there's a court or council order.

Tree Trimming Laws in Western Sydney

Here's a quick rundown of tree trimming laws in Western Sydney and greater NSW:

You can trim tree branches overhanging your property, up to the boundary line.
You must not trespass onto your neighbour’s property to prune.
Trimming must not cause significant damage to the tree.
If the tree is protected or heritage-listed, you may need council approval.

Local council tree rules vary by LGA. For example, the City of Parramatta and Blacktown City Council both require a permit for trimming or removing certain species or trees above a certain height or trunk diameter.

Check your local council’s website or speak with a certified Western Sydney arborist—like our team at GDE Tree Services—for guidance.

🔗 Helpful Resource: Parramatta Council Tree Management

Our Services for Tree Disputes & Removal

At GDE Tree Services, we’ve built a reputation for delivering safe, reliable, and sustainable tree services in Western Sydney. Whether you’re facing a boundary tree dispute, storm damage, or just need routine pruning, we’re here to help with:

Tree removal in Western Sydney
Boundary tree trimming & branch removal
Arborist reports for boundary trees
Tree pruning services NSW
Tree lopping Western Sydney
Tree dispute resolution Western Sydney
Council permit advice
Emergency tree services

Our qualified arborists can provide an official arborist report, which is often required for court cases, insurance, or council applications. We always take the time to assess the tree’s health, root systems, and any environmental risks before proceeding.

A Sustainable Approach to Tree Care

At GDE Tree Services, we believe that responsible tree management should work in harmony with the environment. That's why our work prioritises:

Minimising impact on native habitats
Recycling and mulching removed vegetation
Avoiding unnecessary tree removal
Offering eco-friendly solutions for ongoing maintenance

We understand that every tree contributes to Western Sydney’s urban canopy, which supports cooling, biodiversity, and local ecosystems. Our team works hard to preserve trees where possible, offering alternatives like strategic pruning or dead wood removal.

What to Do If You Have a Tree Dispute with a Neighbour

If you're caught in a tree dispute with your neighbour, here’s a calm and effective approach:

Have a friendly conversation and try to reach an agreement.
Gather photos and notes about the tree’s location, size, and any damage caused.
Request an arborist report to support your case.
Contact your local council to understand any relevant tree laws or permit requirements.
If unresolved, apply to the NSW Land and Environment Court under the Trees (Disputes Between Neighbours) Act 2006.

Our team at GDE Tree Services can assist with every step, including professional assessments, documentation, and safe execution of any tree work.

When You Shouldn’t Trim a Tree Yourself

Even if you’re legally allowed to trim an overhanging tree branch in NSW, doing it yourself might not be the safest or smartest choice—especially if:

The tree is large or near powerlines
You're unsure about property lines
Council approval is needed
It’s a heritage-protected species
You could inadvertently damage the tree

Instead, contact a local tree removal company in Western Sydney—like GDE Tree Services—for licensed, insured, and eco-conscious help.

Work With a Trusted Western Sydney Arborist

At the end of the day, knowing your rights and acting within the law is key to managing tree issues calmly and effectively. With over 10 years of experience in tree pruning, removal, and dispute resolution, GDE Tree Services is proud to be one of the most trusted names in the region.

We handle everything from minor branch removals to complex tree disputes—always putting safety, sustainability, and neighbourly peace first.