Can you cut your neighbour's overhanging trees? Here are the rulesABy Amy SheehanABC LifestyleTopic:Trees48m ago48 minutes agoFri 9 May 2025 at 5:44amExperts say there are a few steps you need to take if you want to trim neighbouring trees or shrubs encroaching on your boundary. (Adobe Stock)abc.net.au/news/trimming-trees-encroaching-from-neighbours-yard/105242796Link copiedShareShare articleDo 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.Do the neighbourly thingStates 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).Sign up to the ABC Lifestyle newsletterGet a mid-week boost and receive easy recipes, wellbeing ideas, and home and garden tips in your inbox every Wednesday. You’ll also receive a monthly newsletter of our best recipes.Your information is being handled in accordance with the ABC Privacy Collection Statement.Email addressSubscribeQueensland 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.Who's responsible for the tree?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."If it encroaches on your property, it is their problem."Arborist Clive Woodnutt recommends people always seek professional advice before trimming trees. (ABC Illawarra: Sarah Moss)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.Avoid DIY tree trimmingOur 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.Queensland lawyer Frank Higginson has three decades of experience in property, management rights and body corporate law. (Supplied)"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:Discuss the work with the neighbourCheck with the local council regarding tree protection and permit requirementsSeek advice to avoid harming the treeAgree on the return of any cuttings or branchesWhat if the tree keeper refuses?Mr Higginson says if your neighbour won't remove the branches, you can seek professional help.Who pays when building or repairing a shared fence?Photo shows backyard fence on surburban propertyWhile generally it is up to neighbours to split the cost of the build, repair, or replacement of a shared fence, it's not always as simple as splitting it down the middle."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.Help from a third partyMost 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.It is recommended that people use professionals to trim tree branches and roots. (AAP: Dan Himbrechts)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.Posted 48m ago48 minutes agoFri 9 May 2025 at 5:44amShare optionsCopy linkFacebookX (formerly Twitter)Top StoriesNationals leader faces Canavan challenge as Taylor confirms he'll contest Liberal leadershipLIVEPhoto shows Matt Canavan, in side profile, grimaces slightly during a press conferenceAustralia's political conclave theatrics feel blokey, but the future is femaleAAnalysis by Annabel CrabbPhoto shows Sussan LeyErin Patterson was building Lego hours after serving deadly meal, court hearsTopic:CourtsPhoto shows A close up photo of Erin Patterson looking over her shoulder wearing glases.China criticises Australia over joint exercises in South China SeaTopic:Defence and National SecurityPhoto shows A Philippine Navy AW159 helicopter with the the HMAS Sydney in the background. Slain NT grocer funeral guest hit by brick allegedly thrown at carTopic:CrimePhoto shows An older man stands in front of rows of wine in a store.Related storiesWhen neighbourhood tree disputes turn toxicTopic:Law, Crime and JusticePhoto shows An arborist is seen in a large Moreton Bay Fig tree against a blue sky.Related topicsAdministrative LawAustraliaCommunity EducationTreesTop StoriesNationals leader faces Canavan challenge as Taylor confirms he'll contest Liberal leadershipTopic:Government and PoliticsPhoto shows Matt Canavan, in side profile, grimaces slightly during a press conferenceAustralia's political conclave theatrics feel blokey, but the future is femaleAAnalysis by Annabel CrabbErin Patterson was building Lego hours after serving deadly meal, court hearsTopic:CourtsChina criticises Australia over joint exercises in South China SeaTopic:Defence and National SecuritySlain NT grocer funeral guest hit by brick allegedly thrown at carTopic:CrimeJust InTherapy dogs reducing pain and anxiety for intensive care patientsTopic:Animals8m ago8 minutes agoFri 9 May 2025 at 6:23am'Historic' deal embeds Indigenous decision-making in local council Topic:Indigenous Policy10m ago10 minutes agoFri 9 May 2025 at 6:22amFomer employee of notorious Tasmanian children's prison charged over alleged abuseTopic:Child Sexual Abuse10m ago10 minutes agoFri 9 May 2025 at 6:22amThe Muslim Vote may have lost, but election bump is 'just the beginning'Topic:Australian Federal Elections6m ago6 minutes agoFri 9 May 2025 at 6:25amMore Just InBack to top