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My neighbour's tree overhangs my property. What can I do?

The short answer

You may generally prune overhanging branches back to the boundary at your own cost, but you cannot enter your neighbour's land, and council tree protections or a state tree dispute scheme may override that right entirely.

TradieAnswers editorial · written in-house and sourced to the authorities listed below

Checked against 3 published sources, listed in full at the end of this page. How we source this

The common law starting point across Australia is that you may cut back branches and roots that cross your boundary, at your own expense, and the cuttings remain your neighbour's property. That is the general principle. Three things routinely override it, and they are what actually decide the outcome.

1. Council tree protections come first

Most councils protect trees above a certain size, of certain species, or in certain overlays, regardless of whose land they stand on. Pruning a protected tree without consent can attract a substantial penalty, and 'it was over my fence' is not a defence. Check with your council before anyone starts, every time.

2. Some states have a statutory scheme

New South Wales and Queensland both have specific tree dispute legislation that replaces the common law approach with a defined process and a tribunal that can make orders. In Queensland the government publishes a plain-language process for disputes about fences, trees and buildings. Where such a scheme exists, it is the path to follow rather than self-help.

3. Damage is a separate question, and notice is the hinge

If a branch causes damage, whether your neighbour is liable usually turns on whether they knew or ought to have known there was a risk. A tree that dropped a limb in a storm with no prior indication is generally treated differently from one you had written to them about twice. This is why putting concerns in writing matters so much. It converts a future argument about what was known into a documented fact.

The practical sequence

  1. Talk to your neighbour first. Most of these resolve here.
  2. Check with your council whether the tree is protected.
  3. Put your concerns in writing and keep a copy, with dates and photographs.
  4. If it involves structural risk, get a report from a consulting arborist rather than a removal quote. They are different documents with different purposes.
  5. If it does not resolve, use your state's dispute scheme or community justice centre before litigation.

Related questions

Do I have to give the branches back?
The cuttings are legally your neighbour's property. In practice people usually dispose of them, but you cannot simply throw them onto the neighbour's land, and offering them back is the safer course.

Sources

Every source below was fetched and its response recorded on the date shown. Where a government site blocks automated clients, that is noted rather than reported as a successful check.

  1. Disputes about fences, trees and buildings · Queensland GovernmentChecked 2026-08-10 · responded 200 OK
  2. NSW Fair Trading · NSW Fair TradingChecked 2026-08-10 · responded 200 OK
  3. Building and renovating · Consumer Affairs VictoriaChecked 2026-08-10 · responded 200 OK

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