Can I cut branches that hang over my fence?

The common law right of abatement lets an owner remove what encroaches onto their land. It is real, and it is narrower than most people assume.

The limits

• You may cut only to the boundary line, not beyond it, and not to a shape you prefer.
• You may not enter the neighbour's property to do it without permission.
• You may not do work that kills or destabilises the tree. If it then fails, you may be liable for the consequences.
• The cuttings and any fruit belong to the tree's owner. Returning them over the fence is not the courteous move, but dumping them is also not clearly yours to do.
• Council tree protection overlays override all of this. Many protected trees cannot be pruned at all without approval, including by the owner.

The statutory route is often better

New South Wales and Queensland both have dedicated processes for tree disputes between neighbours, which can produce orders for pruning, removal, or payment for damage. They are slower than picking up a saw and vastly better when the tree is large, protected, or the relationship is already strained.