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Overhanging trees are a common cause of neighbour disputes across Australia. Whether it’s a lemon tree dropping fruit into your yard or large branches blocking your sunlight, many homeowners want to know: Can I cut my neighbour’s overhanging tree? And more importantly, who is responsible for maintaining it?
In a nutshell, when it comes to boundary lines, the golden rule is: you can trim what’s on your side, but not beyond.
Here’s what the law says in NSW and Queensland, plus what you can and can’t do when it comes to tree trimming, pruning, and resolving disputes.
Who is responsible for trimming overhanging trees?
In most Australian states, including NSW and QLD, it will come as no surprise that it is the responsibility of the tree-owner to maintain trees on their property.
That said, if branches grow over the boundary into your property, you usually have the right to trim them, but there are essential rules to follow.
NSW: Can you cut your neighbour’s overhanging tree?
We can all agree that the best first step is a friendly chat. But if that fails, here’s what the law says.
Under common law, you have a right of abatement, which means you can prune branches or roots that extend into your property, but only up to the boundary line. You cannot enter your neighbour’s land, and you must not damage the overall health of the tree.
Before you start cutting, check if a Tree Preservation Order protects the tree through your local council. If it is, you’ll need permission from your local council before taking any action.
If pruning is likely to harm the tree (for example, by removing too much at once), it’s wise to speak to a qualified arborist and seek legal advice.
What if the tree is causing damage or danger?
If a neighbour’s tree is damaging your property, causing a nuisance, or posing a safety risk, you may have stronger legal options.
Start by documenting the issue (take photos!) and try to resolve the matter directly with your neighbour. Councils typically recommend this as the first step before escalating further.
What if the tree keeper refuses?
If talking to your neighbour doesn’t work, you can consider mediation or apply to the Land and Environment Court of NSW for an order.
However, don’t take matters into your own hands—cutting down or damaging a neighbour’s tree without following legal steps can result in severe fines or legal action.
Legal Aid NSW notes: “The Court is unlikely to make an order about dropping leaves, flowers, seeds or fruit unless it causes property damage or is likely to cause injury to a person.”
Queensland: Can you cut your neighbour’s overhanging tree?
In Queensland, you can’t simply trim and toss. The Queensland Civil and Administrative Tribunal (QCAT) has a specific process for handling overhanging branches.
You must first issue a Form 3 – Notice for Removal of Particular Overhanging Branches, but only if:
- The branches overhang more than 50cm into your property.
- They are less than 2.5 metres above the ground.
- A local vegetation protection order doesn’t protect the tree.
Once the notice is sent, the tree owner has 30 days to respond and act. If they don’t, you can remove the branches yourself (or hire someone to do it), but you’re not allowed to enter their property.
You can return the cut branches, but you don’t have to. If you do want to return them, you can’t enter their property to do so.
Read more about overhanging trees in Queensland.
Can I throw my neighbour’s branches back over the fence?
It might be tempting, but legally, no, you can’t just toss them over without permission.
According to Woolf Associates Solicitors, while you have the right to prune overhanging branches at the boundary, “the neighbour should return the branches or roots.”
In other words, the trimmings still belong to your neighbour, but you must offer them back; don’t throw them away.
A Reddit user from Victoria put it bluntly:
“You can cut anything that’s overhanging back to the fence line. You can even throw the cuttings over the fence for them to dispose of, but that’s a bit of a low act in my honest opinion and a sure-fire way to sour neighbourly relations.”
The takeaway? While you may be within your rights, flinging branches over the fence isn’t recommended, especially if you want to keep the peace next door.
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