Can I cut my neighbour's tree branches that hang over my property in Australia?

Generally yes — under common law you can prune branches (and roots) that cross the boundary onto your land, but only back to the boundary line and no further. You cannot enter your neighbour's property or lop the tree on their side without permission. Prune to the Australian Standard AS 4373-2007, don't kill or destabilise the tree, and check first for a council tree preservation order or permit requirement, which can still apply even to a neighbour's overhanging branches.

Who pays to trim an overhanging tree — me or my neighbour?

If you exercise your common-law right to prune the branches back to the boundary yourself, you pay for it and cannot bill your neighbour. Queensland is the main exception: under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 you can serve a formal notice for branches overhanging more than 50cm and under 2.5m high, and recover up to $300 of the cost from the tree owner.

Do I need council approval to prune my neighbour's overhanging tree?

Possibly. Your right to abate an encroachment doesn't override a council tree preservation order or planning control. If the tree is protected by your council's rules, or covered by a heritage or vegetation overlay, you may still need a permit to prune it — even the part hanging over your land. Check your council's rules before you cut.

What can I do if the whole tree is dangerous, not just the branches?

Pruning to the boundary only deals with the encroachment. If a neighbour's tree is dangerous or causing damage to your property, most states have a dispute process. In NSW you can apply to the Land and Environment Court under the Trees (Disputes Between Neighbours) Act 2006; in Queensland, QCAT hears tree disputes. Start by talking to your neighbour and getting an arborist's assessment in writing.

Neighbour's tree overhanging my property — what can I do?

A neighbour's tree dropping leaves, blocking light or dangling branches over your fence is one of the most common backyard disputes in Australia. Here's what the law actually lets you do, who pays, and when you need to be careful.

General information only, not legal advice. Tree laws differ by state and by council — check your local rules or get legal advice before acting.

Your common-law right to prune to the boundary

Across Australia, the long-standing common-law position is that you may cut back branches and roots that cross the boundary onto your property — this is called “abating an encroachment”. You don't have to prove the tree is causing any harm; the fact that it crosses onto your land is enough.

But that right comes with firm limits:

You can only cut back to the boundary line — notover it. Cutting on your neighbour's side, or entering their property without consent, can make you liable for damage or trespass.
You must not kill or seriously destabilise the tree. Prune in line with the Australian Standard AS 4373-2007 Pruning of Amenity Trees — a qualified arborist works to this standard.
The branches and clippings technically belong to the tree's owner. The polite (and legally tidy) course is to offer them back rather than tossing them over the fence.
If you do the work yourself, you pay for it and generally can't recover the cost from your neighbour (see the Queensland exception below).

Check for a council permit first

This is the trap most people miss. Your right to prune an encroaching branch does notautomatically override your council's tree controls. If the tree is protected by a Tree Preservation Order, a Development Control Plan threshold, or a heritage or vegetation overlay, you may still need council approval to prune it — even the part hanging over your own yard. Removing or heavily pruning a protected tree without approval can attract significant fines.

Not sure whether the tree is protected where you live? Our free permit checker shows the likely rules for your suburb, and each state tree-law page explains the common exemptions.

New South Wales: the Trees Act and the Court

In NSW, simple pruning is still governed by common law, but if you want more — compensation for damage, or an order forcing your neighbour to prune or remove a tree because it's dangerous — you use the Trees (Disputes Between Neighbours) Act 2006 (NSW). Applications are heard by the Land and Environment Court, which can order a neighbour to “remedy, restrain or prevent” damage or injury caused by a tree on adjoining land. The Court generally expects you to have tried to resolve it with your neighbour first.

Queensland: the 50cm / 2.5m rule and the $300 recovery

Queensland has its own statute, the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. Under section 57, if branches overhang your land by more than 50cm from the common boundary and are 2.5m or less above the ground, you can give the tree owner (the “tree-keeper”) a formal written notice (Form 3) asking them to cut and remove the branches, giving them at least 30 days. If they don't, you can arrange the work and recover your reasonable costs from them — up to a maximum of $300. This process doesn't apply to trees covered by a vegetation protection order. Ongoing or serious disputes go to QCAT.

Other states and territories

Victoria, South Australia, Western Australia, Tasmania, the ACT and the NT don't have a dedicated neighbour-tree statute like NSW and Queensland. In those places the common-law right to prune to the boundary is your starting point, and serious disputes are dealt with through the general courts or tribunals — plus your council's tree rules always sit on top. If damage or danger is involved, get an arborist's report and, for anything contested, legal advice.

A sensible order of steps

Talk to your neighbour first — most disputes end here, and courts expect it.
Check whether the tree is protected by your council (run the checker). Get a permit if one is required.
For simple overhang, prune back to the boundary to AS 4373-2007 — a licensed arborist does this safely and cleanly.
For damage or danger, get a written arborist assessment and use your state's dispute process (LEC in NSW, QCAT in QLD).

Get a qualified arborist to prune it properly

Boundary pruning done to the Australian Standard protects the tree — and keeps you on the right side of your neighbour and the council. Tell us about the job and we'll connect you with licensed local arborists for free quotes.

Frequently asked questions

Can I cut my neighbour's tree branches that hang over my property in Australia?: Generally yes — under common law you can prune branches (and roots) that cross the boundary onto your land, but only back to the boundary line and no further. You cannot enter your neighbour's property or lop the tree on their side without permission. Prune to the Australian Standard AS 4373-2007, don't kill or destabilise the tree, and check first for a council tree preservation order or permit requirement, which can still apply even to a neighbour's overhanging branches.
Who pays to trim an overhanging tree — me or my neighbour?: If you exercise your common-law right to prune the branches back to the boundary yourself, you pay for it and cannot bill your neighbour. Queensland is the main exception: under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 you can serve a formal notice for branches overhanging more than 50cm and under 2.5m high, and recover up to $300 of the cost from the tree owner.
Do I need council approval to prune my neighbour's overhanging tree?: Possibly. Your right to abate an encroachment doesn't override a council tree preservation order or planning control. If the tree is protected by your council's rules, or covered by a heritage or vegetation overlay, you may still need a permit to prune it — even the part hanging over your land. Check your council's rules before you cut.
What can I do if the whole tree is dangerous, not just the branches?: Pruning to the boundary only deals with the encroachment. If a neighbour's tree is dangerous or causing damage to your property, most states have a dispute process. In NSW you can apply to the Land and Environment Court under the Trees (Disputes Between Neighbours) Act 2006; in Queensland, QCAT hears tree disputes. Start by talking to your neighbour and getting an arborist's assessment in writing.