09-05-2025
Can you cut your neighbour's overhanging trees? Here are the rules
Do you have branches that hang over your property boundary but the tree itself is not on your land — it's on your neighbours?
It may not bother you, but if the tree is dropping leaves or debris in your yard or pool, it can quickly become a problem.
This is a common scenario, according to arborists who say it's important to take the right steps to address it.
So how do you go about removing encroaching branches? And can you trim a neighbour's trees if they're hanging over your yard?
We asked arborist Clive Woodnutt and solicitor Frank Higginson to explain what your rights are.
States and territories in Australia, and even the council areas within them, have differing rules and regulations when it comes to trees.
But one thing they all say is that the first step in this situation is approaching your neighbour directly (if you're on friendly terms).
Queensland solicitor Frank Higginson, on Kabi Kabi lands on the Sunshine Coast, says talking to them in person first is recommended.
"It really starts with, basically, go and have a conversation with your neighbour, rather than go through formal legal stuff and that sort of thing," he says.
Again, it's best to check your local rules and regulations.
Mr Higginson says in definitional terms, you're either the "tree keeper" or you're the "neighbour".
"The tree keeper is ultimately responsible for the maintenance of their tree," he says.
Mr Woodnutt says while it might seem like a simple rule, in his experience it very rarely is.
Most weeks he is called to attend to a tree that's encroaching on a boundary, whether that's branches or roots.
"In most cases, I have to tell you, it does boil down to money," Mr Woodnutt says.
"So, if someone has a tree that is poorly maintained, that's impacting you, most of them don't maintain it because they haven't got the money to in the first place."
He says sometimes it's the neighbour, not the tree keeper, who ends up putting "their hand in their pocket" to get the issue fixed.
Our experts recommend people avoid trying to trim tree branches themselves, even if they have permission from the neighbour.
"If you're not completely sure about the structural integrity of what it is that you're doing, I'd probably be very cautious," Mr Higginson says.
"Get an arborist, perhaps. Go to the Queensland Civil and Administrative Tribunal and have a third party make a decision on it."
Mr Woodnutt says it can be dangerous if you're working from height and using sharp tools.
"I can catalogue a list of disasters," he says.
"It is dangerous to perform the task. Go and find a qualified arborist that adheres to rules and legislation.
"Generally speaking, we use a product called a silky handsaw, a Japanese handsaw specifically designed for pruning trees."
In some jurisdictions you can also be liable for costs if you damage the tree while removing branches.
The Dispute Settlement Centre of Victoria recommends that before you cut back a neighbour's tree you:
Mr Higginson says if your neighbour won't remove the branches, you can seek professional help.
"The formal process is you, as the neighbour, say to the tree keeper, 'Here's a quote that I've got for the removal,'" he says.
"You can come in in the next 30 days and do it. Just give me 24 hours' notice, please.
"If they then don't do anything, you've actually got still at common law the right of abatement, which is the ability to remove the branches yourself."
The right of abatement means that, under common law, a neighbour has the "right to abate the nuisance". That is, the right to prune (abate) the encroaching branches (from their neighbour's tree or hedge) to remove the nuisance.
In some jurisdictions if you pay for an arborist yourself you can seek to recover the costs from the tree keeper.
Most states and territories have third-party dispute resolution services that can help resolve the issue.
In Victoria, trees are governed by general property law and common law, according to a Department of Government Services spokesperson.
"Anyone requiring information about private tree removal can contact Dispute Settlement Centre of Victoria (DSCV)," the spokesperson says.
If a tree is simply blocking light or views but not encroaching on your boundary, those matters need to be negotiated privately.
If an agreement cannot be reached, mediation is recommended.
For more detailed information you can visit your state- or territory-based Legal Aid websites, such as Queensland Government, NSW Land and Environment Court, Legal Aid NT, ACT City Services, Tasmania Legal Aid, Legal Services Commission SA and WATCA.
This article contains general information only. You should consider obtaining independent professional advice in relation to your particular circumstances.
