Can you cut a neighbour’s overhanging tree?
Love them or hate them, everyone has neighbours. And, if yours has a garden, you’ve likely experienced the annoyance of neighbours trees overhanging onto your property.
Overhanging trees can be more than aesthetically unpleasant, they can leave debris like fruit, branches, or leaves on your property, and can also become hazardous if they are close to your home or vehicle and at risk of falling and causing damage.
So, whose responsibility is it to cut overhanging tree branches, and how do you handle them?
Can I cut or trim branches overhanging my property?
The quick answer: yes—you can cut or trim any leaves, branches, or roots that are overhanging the boundary line of your property. This goes both ways, and your neighbour can also cut your tree without asking, just so long as they only cut back as far as the property boundary line. When you’re finished, many states require homeowners to throw neighbours branches back over the fence unless otherwise agreed, as they’re technically still their property. This is the case in WA and VIC, but not in QL, so it’s important to find out the regulations in your home state before proceeding.
To trim branches and trees, you first need to have the right permit from your local council and ensure that you aren’t performing maintenance on any protected trees in your state, whether that’s VIC, NSW, or elsewhere in Australia.
It’s also important for you to know that you are liable if you cause any damage to your neighbour’s tree while trimming or cutting it back. This is just one of the reasons why we always recommend enlisting the help of a trusted tree maintenance service like Jim’s Trees. Our team can take on any job with care, and are backed by a $10 million insurance policy just in case anything goes wrong.
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To provide a great service, we start by offering a free quote for every job, so you can enquire without commitments or obligations. The level of risk involved, the use of dangerous machinery, and the technical skills required means that tree services aren’t always cheap. To this end, we believe in transparency when it comes to the cost of a job and the prices we charge. That’s why we provide up front quotes for every job and have no hidden fees.
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We take the financial risk out of tree removal in Melbourne by protecting our customers with comprehensive insurance coverage. We spare no expense in protecting every single job we do with an industry-leading $10 million insurance policy.
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Whether you need full tree or just stump removal, you may require permission from your local council prior to the works. Our local crews are familiar with the council process and are happy to share any experience or knowledge they may have that could assist you with your application. We also have a collection of resources on local council regulation that can help you to navigate your local tree protection laws and permit application process.
Who is responsible for an overhanging branch?
When it comes to who is responsible for organising and paying for the arborist and permit to trim the tree, it ultimately depends on the arrangement that you have made with your neighbour.
The usual rule is that a tree owner is not required to maintain their tree unless it’s causing nuisance or is considered a hazard. However, this can vary depending on your specific local council guidelines and what state or territory you are in.
The best course of action is to first discuss the issue with your neighbour and explain why you’d like the branch or tree to be trimmed or removed before coming to an agreement on who will pay and organise the arborist. You may need to foot the bill of the branch trimming if it is an aesthetic issue, as there will be no legal precedent for your neighbour to do so.
While you can try to make your neighbour pay for the trim, disagreements of this nature are rarely worth the time and effort to pursue—especially if things escalate to civil court. In the case of a dispute, it’s best to find out the rules of cutting back overhanging trees via your local council and state or territory government before lodging your case with the disputes body.
The process of cutting a overhanging tree
After discussing the issue with your neighbour, the next step is to contact an experienced arborist. A trained professional will be able to advise you on whether your tree is protected and if you require a council permit.
Some people may be tempted to try removing the branch themselves, however if you do try to trim it yourself, you may be liable for any damage caused to the tree. An arborist will have the right equipment, experience and skills to cut the branch safely and efficiently. They’ll also remove the remaining green waste so you won’t have to worry about disposing of the branch, leaves, and any other tree-related waste.
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