Landscaping & trees
Trees and fences generate more neighbour disputes than any other property issue, and the rules are state-specific statute rather than general principle. These answers point at the actual legislation and process in each state.
12 pages in this topic
Questions
- My neighbour's tree overhangs my property. What can I do?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.3 sources cited
- Who pays for a dividing fence?Neighbours generally share the cost of a sufficient dividing fence equally, but every state has its own fencing legislation with a formal notice process, and skipping the notice is what costs people the contribution.3 sources cited
- Do I need council approval to remove a tree?Very likely. Most Australian councils protect trees above a certain height or trunk size, or in particular overlays, regardless of who planted them. Removing a protected tree without consent carries some of the largest penalties a homeowner can face.3 sources cited
- Which law covers dividing fences in my state?Every state and territory has its own fencing statute with its own name, notice procedure and definition of a sufficient fence. There is no national fencing law and the differences are procedural, not cosmetic.7 sources cited
- How do I give my neighbour notice about a fence?Serve a written fencing notice describing the proposed work and the estimated cost, then wait the period your state's Act specifies before doing anything. Most states publish a standard form.5 sources cited
- What if the fence is not on the actual boundary?A fence is not evidence of a boundary. Only a licensed surveyor can establish where the boundary is, and a long-standing fence in the wrong place raises questions that are worth resolving before you build anything.5 sources cited
- Who is responsible for a retaining wall between two properties?Generally the owner who benefits from the retained ground, which usually means whoever cut or filled the land to create the level difference. Fencing legislation does not cover retaining walls in most states.5 sources cited
- Can I cut branches that hang over my fence?You may generally prune back to the boundary line, but you cannot enter the neighbour's land, you cannot damage the tree's health, and the branches remain the neighbour's property.4 sources cited
- Who pays if a neighbour's tree damages my property?Liability usually turns on whether the owner knew or should have known the tree was dangerous. A healthy tree brought down by an extreme storm is generally nobody's fault, and insurance is often the practical answer.5 sources cited
- Do I need approval to remove a tree on my own property?Often no. Most Australian councils protect trees above a defined height or trunk size, and many also protect specific species or all trees in a heritage or environmental overlay, regardless of who owns the land.4 sources cited
- Do I need to call Before You Dig before digging in my yard?Yes, and it is free. Water, gas, electricity and telecommunications assets run through residential properties at shallow depths, and striking one is dangerous and expensive.4 sources cited