Liz, this particular case is similar to yours in a way.
Bowan v Glanville [2008] NSWLEC 10
This is interesting ....
Quote:
General pruning to boundary
1. The parties understand that the property boundaries extend vertically above and below the location of the boundary on the ground;
2. The parties understand that land owners have common law rights to prune overhanging vegetation back to the boundary at their own cost;
3. Mrs Bowan will prune overhanging leaves and twigs back to the boundary when she chooses, at her cost;
4. Mrs Bowan will not seek Mr Glanville?s agreement prior to pruning, nor ask him to do that pruning;
5. Mrs Bowan may place the leaf and twig prunings of Mr Glanville?s plants back onto his property at the corner of the metal fence where Mr Glanville puts his grass clippings.
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And also this ....
Quote:
Future Planting
21. For any future planting, Mr Glanville will select plants and planting locations that will not lead to unreasonable growth over common boundaries with Mrs Bowan.
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However do read the many other cases and what you will see for larger trees is a clear loss of the above mentioned "rights".
Gett'm when they're small!