Legal Height Of Hedges Between Properties Nsw

Have you ever questioned the permissible height of hedges in New South Wales, particularly in situations involving disputes with neighbours? This article delves into the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 to define a “hedge” and outline the repercussions of having an excessively tall hedge.

Additionally, it covers the potential legal measures neighbours can pursue in such instances. The article also offers guidance on maintaining hedges within the lawful height limit and suggests steps to address neighbours’ hedges that exceed the permitted height.

If you reside in Wollongong, NSW, this article provides pertinent information for you.

What is the Legal Height of Hedges in NSW?

The legal height of hedges in NSW is defined by the Trees Act, which establishes specific regulations concerning the permissible heights of trees and hedges on private properties.

These regulations are important for preserving the visual attractiveness of neighbourhoods and preventing issues like obstruction of views, encroachment on neighbouring properties, and blocking natural light. Property owners must ensure that their hedges adhere to the height restrictions outlined in the Trees Act to avoid fines or penalties. Compliance with these guidelines not only fosters community harmony but also enhances overall property values.

Property owners should regularly trim and maintain their hedges to comply with the prescribed height limits.

Understanding the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011

The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 in NSW deals with disputes that can arise between neighbours regarding hedges, trees, and other obstructions on adjacent properties. This Act establishes specific guidelines on the responsibilities of property owners concerning the maintenance and removal of trees and hedges that may impact their neighbour’s property.

It delineates the procedures for resolving disputes, including the appointment of a surveyor to evaluate the situation and provide impartial recommendations. The Act also outlines the regulations for cost sharing between neighbours for any required work, encouraging equitable and friendly resolutions.

By clearly defining these provisions, the Act aims to prevent conflicts and foster peaceful coexistence among neighbours.

How Does the Act Define a ‘Hedge’?

The definition of a ‘hedge‘ according to the Act is a barrier made up of closely planted shrubs or trees that can block views, sunlight, or potentially cause disputes between neighbours due to its height and placement.

The height and placement of a hedge are key factors that could lead to conflicts between neighbours. For example, if a neighbour plants a hedge that grows excessively tall and obstructs sunlight from reaching the neighbouring property, it could result in a legal dispute. Similarly, disputes may arise over the boundary line where the hedge is planted. Issues such as responsibilities for pruning, encroachment onto adjacent properties, and overall maintenance can all contribute to tensions between neighbours concerning hedges.

What are the Consequences of Having an Overgrown Hedge?

Having an overgrown hedge can lead to various consequences, such as obstructing views, sunlight, and causing disputes with neighbouring properties due to excessive height and obstruction. Additionally, a dense and unkempt hedge can attract pests and wildlife that may pose a nuisance to the surrounding area. Blocking sunlight can negatively impact the health of other plants nearby.

From a legal perspective, maintaining a hedge that interferes with neighbouring properties could result in legal action, fines, or orders to trim or remove the hedge. These issues can escalate if negotiations or agreements cannot be reached between the property owners involved.

What Can Happen if Your Hedge is Deemed Too High?

If a hedge is deemed too high, legal actions may be taken, which could include requirements to address the obstruction and restore affected views or sunlight in accordance with regulations. Authorities have the authority to send official notices to property owners with excessively tall hedges, requiring prompt action to resolve the issue. Failure to comply with height regulations could result in fines or court orders mandating the necessary adjustments. Property owners are expected to follow the established standards to prevent legal consequences and ensure public access to views and natural light is maintained. Being proactive in addressing hedge height concerns can help property owners avoid costly legal disputes and foster positive relationships with neighbors and local authorities.

What Are the Possible Legal Actions Your Neighbours Can Take?

Residents can address concerns about overgrown hedges by seeking legal redress through the Land and Environment Court or other relevant authorities to resolve issues related to height or obstruction.

To initiate this process, individuals should gather evidence demonstrating how the hedge is affecting their property, such as blocking sunlight or views. Subsequently, they can submit a formal complaint to the appropriate authority, which might involve a fee.

Following the submission of the complaint, a mediator might be appointed to assist in reaching a resolution between the involved parties. In cases where an agreement cannot be reached, a formal hearing may be conducted, allowing both parties to present their arguments. Ultimately, the authority will make a decision on the necessary course of action, potentially including directives to reduce the hedge’s height or remove it entirely.

How to Maintain Your Hedges within the Legal Height Limit

Maintaining hedges within the legal height limit involves regular trimming and pruning, selecting plant species that do not exceed the height restrictions, or seeking professional assistance from a tree care company. Proper hedge maintenance not only improves the aesthetic appeal of a property but also ensures compliance with local regulations.

When choosing plants, it is advisable to select species that naturally grow to a manageable height, reducing the need for frequent trimming. Regular monitoring of hedge growth is crucial to address any overgrowth promptly. If it becomes challenging to keep up with maintenance tasks or lacks the necessary tools, professional tree care services can efficiently and effectively handle the job, ensuring the hedges remain within the legal limits.

Regular Trimming and Pruning

Regular trimming and pruning of hedges are important to ensure they stay within legal height limits and do not block views or sunlight for neighbouring properties. Keeping hedges well-maintained not only improves the appearance of your property but also fosters a harmonious neighbourhood environment.

Overgrown hedges can lead to disputes with neighbours and may even result in legal actions. It is recommended to establish a routine schedule for trimming hedges to prevent them from becoming unmanageable.

By setting aside a small amount of time regularly for this task, potential conflicts can be avoided, and your hedges can be a pleasing addition to your landscape.

Using Plant Species That Don’t Grow Too Tall

Choosing plant species with controlled growth patterns that stay within legal height limits is essential for maintaining hedges without causing obstructions or disputes with neighbours. This careful selection process ensures that the hedges remain visually pleasing while also complying with local regulations. By selecting appropriate species known for their manageable growth, homeowners can avoid the need for frequent pruning and potential conflicts arising from overgrown plants.

Considering the specific area requirements and desired hedge height when selecting plant species is important. The objective is to create a boundary that enhances the property without intruding on surrounding areas or leading to legal complications.

Seeking Professional Help from a Tree Care Company

Hiring a professional tree care company or arborist can help ensure that your hedges are maintained at the proper height and shape, reducing the risk of legal issues or conflicts with neighbours. These professionals possess the expertise and knowledge to evaluate your hedges’ specific needs, establishing the best trimming schedule and methods to encourage healthy growth.

By relying on professionals to care for your hedges, you can also save time and energy, as they have specialised equipment for efficient maintenance. Their skills can contribute to improving the overall visual appeal of your property, resulting in a well-groomed and attractive landscape that enhances your home’s value.

What to do if your neighbour’s hedge is too high?

If a neighbour’s hedge is too high, possible actions include direct discussion, mediation services, or legal recourse to address the height violation and resolve conflicts.

Communication is important in addressing concerns about hedge height with a neighbour. Begin by politely expressing concerns and exploring potential solutions together. If initial discussions do not result in a resolution, consider engaging a neutral third party through mediation services. Mediation can aid in facilitating a constructive dialogue and reaching a mutually acceptable compromise. If all efforts to resolve the issue amicably prove futile, it is advisable to acquaint oneself with local regulations on hedge height limits and consider seeking legal counsel to ensure compliance with the rules.

Talking to Your Neighbour

Initiating a conversation with a neighbour about the height of their hedge can be the first step towards resolving the issue amicably and reaching a mutual agreement without escalating the situation.

Open communication plays a crucial role in fostering positive relationships with neighbours. By addressing the matter directly with the neighbour, misunderstandings and potential conflicts can be avoided.

Building rapport and understanding each other’s perspectives can help in finding common ground on the hedge height issue. This informal discussion can pave the way for a collaborative solution that satisfies both parties involved. It shows a willingness to work together towards a compromise instead of immediately turning to legal actions, which can strain relationships and lead to unnecessary costs.

Mediation Services

Mediation services provide a neutral platform for neighbours to address hedge height disputes and come to a mediated agreement that meets the needs of both parties without resorting to legal action. By encouraging open communication and empathy, mediators facilitate productive discussions between neighbours, allowing them to openly share their concerns and interests.

Through this process, neighbours can work together to consider various solutions, such as mutually agreeing on hedge trimming heights, exploring alternative landscaping options, or dividing the cost of maintenance. Mediation services emphasise collaboration and respect, with the goal of maintaining positive neighbourly relationships and fostering a harmonious living environment for all involved parties.

Taking Legal Action

In situations where hedge height disputes remain unresolved, it may be necessary to pursue legal action through the Land and Environment Court or appropriate authorities to ensure adherence to height regulations and address the matter formally.

The process of commencing legal action against neighbours with excessively tall hedges typically commences with documenting the violation and compiling evidence of the height difference. This evidence may consist of photographs, measurements, and any communication with the neighbours regarding the matter.

After gathering the evidence, the subsequent step involves reaching out to the local council or relevant zoning authority to lodge a formal complaint. The council will then investigate the complaint and, if deemed necessary, issue a notice instructing the neighbours to trim the hedges to meet the regulations.

If the neighbours do not comply, further legal action through the Land and Environment Court may be pursued.

Frequently Asked Questions

What is the legal height for hedges between properties in NSW?

The legal height for hedges between properties in NSW is typically two meters. However, this may vary depending on the local council regulations and specific requirements for your area. It is important to check with your local council before planting or trimming hedges to ensure compliance with the legal height restrictions.

Can I trim my neighbour’s hedge if it encroaches on my property?

According to the law in NSW, you are entitled to trim any part of a hedge that encroaches on your property boundary up to the legal height limit. However, it is always best to discuss the issue with your neighbour and come to an agreement before taking any action.

What are the consequences of exceeding the legal height for hedges between properties in NSW?

If the height of your hedges exceeds the legal limit, you may face penalties and fines from your local council. Your neighbour may also take legal action against you for obstructing their view or infringing on their property rights. It is crucial to adhere to the legal height restrictions to avoid any potential legal issues.

Are there any exceptions to the legal height for hedges in NSW?

Yes, there are a few exceptions to the legal height restrictions for hedges in NSW. These include hedges planted for agricultural purposes, hedges that act as a noise barrier, and hedges located on rural properties with no adjoining properties. It is best to consult with your local council to determine if your hedge falls under any of these exceptions.

What can I do if my neighbour’s hedge is blocking my sunlight or view?

If your neighbour’s hedge is causing issues for you, you can discuss the matter with them and try to come to a mutually agreeable solution. If that fails, you can contact your local council to file a complaint and have them assess the situation. They may issue a notice to your neighbour to trim their hedge to the legal height or take other necessary actions.

How can Southern Tree Care help with maintaining the legal height of hedges between properties in Wollongong, NSW?

Southern Tree Care offers professional hedge trimming and maintenance services in Wollongong, NSW. Our team of experts is well-versed in the local council regulations and can help you trim and maintain your hedges to the legal height limit. Contact us today for a consultation and to ensure your hedges are in compliance with the legal requirements.