Think twice before dealing with this annoying neighbourly problem

It can be frustrating when a neighbour’s tree branches hang over your property, and even more so when they refuse to handle it. 

But if you are not well-versed in these matters and take to your neighbour’s trees with a vengeance, you could end up in hot water. 

In Australia, each state, city, and even council have different laws, rules and regulations around the pruning of overhanging branches, so it is imperative you double-check before you become scissor-happy. 

Here are some of the general laws covering tree pruning across the states and territories of Australia.

New South Wales

According to the Trees (Disputes Between Neighbours) Act 2006, it is legal for people to trim the branches of their neighbour’s overhanging tree back to the property boundary on their side. 

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However, this must be done without entering their land and without causing significant damage to the tree. 

In certain councils, such as the City of Sydney, you don’t need permission from your neighbour to prune the overhanging branches of their tree, but you do need to apply and get permission from the council. 

It is always a good idea to inform your neighbour of your intentions in a respectful manner. 

Victoria

In Victoria, the first step is always encouraged to be speaking with your neighbour about the problem at hand. 

Then, you must check with the local council to see if the tree is a protected tree.

According to the Dispute Settlement Centre of Victoria, protected or subject to an environmental overlay. If it is, a permit is needed to be able to cut it back.

But if it’s not protected, you have free rein when it comes to cutting back any leaves, branches or roots overhanging the boundary line. This is known as the “right of abatement”. 

Unless otherwise agreed, this removal must be done at your own cost, and the branches and leaves must be returned to your neighbour, since it is their property.

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Northern Territory

Similarly, the Legal Aid NT advises you speak with your neighbour or even a mediator first about the issue before taking action.

The law states that you have the right to cut off overhanging branches or roots extending over your property line, and this can be done without informing your neighbour as long as you don’t enter their property to do so. 

The law also states that the branches or roots must be returned to your neighbour, and that you must be careful when returning them to your neighbour’s garden.

South Australia 

In South Australia, this dilemma is covered by the common law of nuisance.

Unless the tree is deemed a “significant tree”, those who exercise a common law right to “abate the nuisance” are generally able to remove encroaching roots and branches. 

However, this would be done at their own cost, as the cost cannot be claimed unless the removal is necessary to minimise damage that has occurred or is likely to occur in the future.

This must be done while not going onto the tree owner’s land, though they are able to return the branches and roots to the rightful tree owner by carefully placing them back over the fence.

Western Australia 

Similarly to the other states, the general laws advise you can cut trees coming onto your property in WA, as long as you don’t do so on your neighbour’s property. 

There are, however, some specifications that vary from place to place.

It is generally advised you don’t cut so much of the tree that it dies; otherwise, it could make you liable. 

The city of Kalamunda advises that you don’t try to poison the tree to kill it either, as that could also make you liable.

Australian Capital Territory 

Before doing anything in the ACT, you must check whether the tree you want to prune is considered a ‘protected tree’, ‘restricted tree’, or  ‘regulated tree’, all of which will be listed on the ACT Tree Registry. 

If you have permission to cut the protected tree or if it is not one, you are able to cut the overhanging branches and extending roots up to your property line, taking care to not damage or kill the tree. 

If there is a dispute, it can be handled by the ACT Human Rights Commission Conflict Resolution Service or even the ACT Human Rights Commission Conflict Resolution Service.

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Tasmania

Like the other states and territories, you are able to prune up to your property line. 

However, you must be careful when returning any trimmings, pruned branches, or fruit. 

According to Legal Aid Tasmania, you can’t just dump the trimmings into your neighbour’s backyard.

You must let them know you are returning the tree trimmings and return them in a way that doesn’t cause any damage to their property.

Queensland

In the Sunshine State, the rules are similar to those in other states, governed by the Neighbourhood Disputes Resolution Act 2011, according to the Queensland Government.

Where it differs from the others is that you can decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. 

When exercising the right of abatement in Queensland, you must make sure to cut only branches that overhang more than 50cm and less than 2.5m from the ground. 

You must also make sure that the trees are not covered by a vegetation protection order that prevents their branches from being lopped off. 

If you have not been able to come to an agreement with your neighbour, you may provide them with a written notice, which must include: 

• A time by which the branches must be removed, at least 30 days from the delivery of the notice
• Asking your neighbour at least one day’s written notice before the branches will be removed, including who will be doing the work and what day it will occur
• Giving permission to your neighbour or their contractor to enter your property to remove the overhanging branches on the agreed day between 8 am and 5 pm
• At least one written quote for the cost of the work and a copy of part 4 of the Act.

If your neighbour does not comply, you can remove them yourself or have a contractor remove them at your neighbour’s expense, as they are liable to pay up to $300 a year for the purpose of removing branches.