Guides · Mediation and dispute resolution
Fencing and tree disputes between neighbours in NSW.
A shared fence and an overhanging tree are two of the most common reasons neighbours fall out. New South Wales has specific schemes for both, built around negotiation and mediation first, and a tribunal or court only if that fails. This guide sets out how fencing disputes work under the Dividing Fences Act, how tree disputes work under the Trees Act, the role of free mediation, and where each kind of dispute is finally decided.
By Aaron Kernaghan · Published 30 August 2026
The law prefers neighbours to sort it out.
Both the fencing and tree schemes are designed to make neighbours talk first. For fences, the starting point is that adjoining owners share the cost of a sufficient dividing fence, and the law gives a process of notices and, if needed, a tribunal order. For trees, a neighbour affected by a tree can seek orders, but only after trying to resolve it directly. Mediation, often free through a Community Justice Centre, sits at the front of both.
This is general information, not advice on your dispute. Boundaries, costs and the state of a tree turn on the facts, and the right path depends on them. What is consistent is the order of things: talk, then mediate, then, only if that fails, go to the tribunal or court. Jumping straight to a formal claim usually wastes money and poisons a relationship you cannot escape.
Who pays for a dividing fence in NSW?
Under the Dividing Fences Act, adjoining owners are generally each responsible for half the cost of a sufficient dividing fence, meaning a fence adequate for the properties, not a luxury one. If you want to build or repair a fence and share the cost, you serve your neighbour a fencing notice setting out the proposed work and cost. If they agree, you split it. If they do not respond or object, the dispute can go to the Local Court or the NSW Civil and Administrative Tribunal for an order.
Disputes usually come down to whether the fence is sufficient and whether one side wants something grander. If one owner wants a higher or better fence than a sufficient one, they generally pay the extra themselves. The scheme tries to keep costs fair and shared, and it gives a clear path from a fencing notice to an order if the neighbours cannot agree. Mediation is often the quickest way to settle who builds what and who pays.
What can you do about a neighbour's tree?
The Trees Act lets an owner who is affected by a neighbour's tree apply for orders, for example where the tree has damaged property, is likely to damage property, or is likely to injure someone. The Land and Environment Court decides these applications. It can order the tree owner to prune, remove, or maintain the tree, or to pay for damage, but it does not act on mere annoyance; there has to be a real risk of harm or damage.
High hedges that block sunlight or views have their own path under the same Act, with their own tests about severe obstruction. Before applying, you generally have to have made a reasonable effort to reach agreement with the tree owner. Overhanging branches and encroaching roots also carry some common law rights to trim back to the boundary, though that has limits and risks, so it is worth getting advice before taking a saw to a neighbour's tree.
How does mediation help neighbour disputes?
Mediation is often the best first step, and for neighbours it is usually free through a Community Justice Centre, which our guide on Community Justice Centres explains. Because neighbours have to keep living next to each other, a mediated solution about the fence line or the tree tends to last better than an order imposed after a fight, and it avoids the cost and hostility of a tribunal case.
A mediation about a fence or tree focuses on the practical outcome: who builds the fence, to what standard, at what shared cost, and by when; or how and when the tree is pruned or removed and who pays. Those are exactly the concrete terms that make a mediated agreement easy to enforce, as our guide on binding mediation agreements explains. Many neighbour disputes that had run for months settle in a single free session.
Where are neighbour disputes decided if mediation fails?
Fencing disputes, if they cannot be agreed, are decided by the Local Court or the NSW Civil and Administrative Tribunal, which can order what fencing work is done and how the cost is shared. Tree disputes are decided by the Land and Environment Court, which can order pruning, removal, or compensation. Each has its own application process, and each expects the parties to have tried to resolve the matter first.
These forums are a last resort for a reason. They cost money, take time, and hand the decision to a stranger who does not have to live with the result. A tribunal or court order settles the legal question but rarely repairs the relationship. That is why the schemes, and this guide, push so hard towards negotiation and mediation before anyone files an application.
How should you handle a neighbour dispute?
Start by talking, calmly and early, before positions harden. Put your proposal in writing, whether a fencing notice or a note about the tree, so there is a record and the other side knows you are serious. Keep it factual and avoid making it personal, because you will still be neighbours whatever happens. Most disputes are resolved at this stage, before any law is needed.
If talking does not work, propose mediation, and use the free Community Justice Centre service if it fits. Only if mediation fails should you move to a fencing notice enforcement, a tribunal application, or a Trees Act application, and by then you will have shown a court you acted reasonably, which helps you. The order the schemes reward is patience first and formality last, which is also the order that keeps the peace over the fence.
Primary sources: dividing fences are governed by the Dividing Fences Act 1991 (NSW), and tree and high hedge disputes by the Trees (Disputes Between Neighbours) Act 2006 (NSW), decided by the Land and Environment Court. Free mediation is available under the Community Justice Centres Act 1983 (NSW). NSW neighbour-dispute decisions are searchable on JADE.
Common questions
Who pays for a dividing fence in NSW?
Under the Dividing Fences Act, adjoining owners are generally each responsible for half the cost of a sufficient dividing fence, one adequate for the properties. You serve your neighbour a fencing notice setting out the work and cost; if they agree, you split it. If they do not, the Local Court or NCAT can make an order. An owner who wants a grander fence than a sufficient one generally pays the extra.
What can you do about a neighbour's tree in NSW?
Under the Trees Act, an owner affected by a neighbour's tree can apply to the Land and Environment Court for orders where the tree has damaged property, is likely to, or is likely to injure someone. The court can order pruning, removal, maintenance or compensation. Mere annoyance is not enough; there has to be a real risk of harm or damage, and you generally must have tried to agree first.
Do you have to try to resolve a neighbour dispute before going to a tribunal?
Generally yes. Both the fencing and tree schemes expect neighbours to negotiate first, and for trees you usually must have made a reasonable effort to reach agreement before applying. Mediation, often free through a Community Justice Centre, sits at the front of both, and a court looks more favourably on a party who tried to resolve the matter.
Can you cut branches overhanging your property?
There are some common law rights to trim overhanging branches and encroaching roots back to the boundary, but they have limits and risks, and you may have to offer the cuttings back. It is easy to cause damage or a fresh dispute, and protected or significant trees have extra rules. Getting advice before taking a saw to a neighbour's tree is sensible.
Where are fencing and tree disputes decided in NSW?
Fencing disputes, if not agreed, are decided by the Local Court or the NSW Civil and Administrative Tribunal. Tree and high hedge disputes are decided by the Land and Environment Court. Each expects the parties to have tried to resolve the matter first, which is why mediation comes before any application.
To speak to a litigation lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, Special Counsel at Good Legal Lawyers, as at 30 August 2026. It is general information and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. The law changes and procedure varies from case to case. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
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