Fences and Overhanging Trees


Property boundary fencing can lead to problems if not handled correctly.

It can create delays and add costs for homeowners, fencing companies, builders, landscape gardeners, architects, estate agents and government departments.

Disagreement over dividing fences can be a source of friction between neighbours.

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. 

If the matter cannot be resolved, residents can seek legal advice or contact a Community Justice Centre for free independent meditation services. The Community Justice Centre also provides responses to frequently asked questions which can assist from an early stage.

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