Start with a conversation, and a call to the council
Every state's official advice starts with talking to your neighbour. The tribunals and courts in NSW, Queensland and Tasmania want to see you've tried to settle it first, so that friendly knock on the door protects you later too.
Then ask the council whether the tree is protected, because a permit can be needed even to cut a neighbour's tree back. This page is general information about the rules, not legal advice.
Dealing with an overhanging tree, step by step
Talk, with photos
Show your neighbour what's crossing the boundary and what it's doing: branches on the roof, roots lifting a path, a limb over the driveway.
Check the council's rules
Ask about registers, overlays, local laws and size rules. Our significant trees guide explains each.
Cut only your side, from your side
The official sources we checked in every state say not to go onto their land without agreement, or cut anything on their side. Small branches you can reach with both feet on the ground are fine with hand tools. Anything bigger is arborist work.
Put it in writing
If talking stalls, write with photos and any quotes, and keep a copy. In SA, a written warning about a dangerous tree helps show later that the owner knew.
Mediation, then a tribunal or court
Mediation comes before a hearing in most states. Each state's path is below.
The rules, state by state
| Cutting back to the boundary | Where disputes go | |
|---|---|---|
| NSW | Legal Aid NSW says you may be able to, after checking with the council. Return the cuttings | The Land and Environment Court, under the Trees (Disputes Between Neighbours) Act 2006 |
| Victoria | Yes, at your own cost (the right of abatement). Cuttings go back unless you agree otherwise | Mediation first, then a nuisance claim in the Magistrates' Court |
| Queensland | Your common law right stays, plus a branch notice for low branches | QCAT, under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 |
| Tasmania | Your common law right stays, and returning the cuttings is optional | TASCAT, under the Neighbourhood Disputes About Plants Act 2017 |
| South Australia | Usually, unless it's a significant tree. You pay, unless it was needed to limit damage | The Minor Civil Claims Division of the Magistrates Court |
| Western Australia | Yes, branches and roots, unless a tree preservation order applies | Talk, write, then paid mediation through Citizens Advice Bureau WA |
| ACT | Only if the tree isn't protected, and only as far as it overhangs | The Conflict Resolution Service, then ACAT |
| Northern Territory | Yes, without entering their land. Return what you cut | NTCAT, the tribunal, for nuisance or negligence claims up to $25,000 |
NSW: the Trees Act and the Land and Environment Court
The Trees (Disputes Between Neighbours) Act 2006 covers trees on private land in urban zones, not council land, and bamboo and vines count as trees. The Court deals with trees that have caused, or are likely to cause, damage or injury, and with hedges of two or more trees over 2.5 metres that severely block sunlight to a window or a view.
Orders can cover pruning, removal and compensation for damage, but not for lost sunlight or views. Serve the neighbour and the council at least 21 days before the preliminary hearing. Costs orders are rare, and a tree that only drops leaves or fruit generally won't get an order.
Queensland: the tree-keeper, Form 3 and QCAT
Under the 2011 Act, the tree-keeper (usually the registered owner) is responsible for cutting back branches over your land. Its tree rules don't reach rural land, lots over 4 hectares or council parks.
The Form 3 notice covers branches at least 50 cm over the boundary and 2.5 m or less above the ground, and gives the tree-keeper at least 30 days. If they don't act, you can cut and return the branches without entering their land, and recover reasonable costs capped at $300 under the Act. A vegetation protection order rules the notice out.
QCAT can order work to prevent serious injury or damage, or a severe loss of sunlight or a view from a tree at least 2.5 metres tall. You must have tried to agree first, and Dispute Resolution Centres offer mediation.
Tasmania: the Plants Act and TASCAT
Tasmania's 2017 Act covers overhanging branches, serious injury or damage, and plants that severely block sunlight to a window, solar panel or skylight. Views count from 2.5 metres of plant height, if they were clear when the owner took the land over.
A branch removal notice works for branches 2.5 metres or lower that reach 50 cm or more past the boundary. It gives at least 30 days, needs a written quote, and can't be repeated for that plant within 12 months. If it's ignored, you can have the branches removed and claim reasonable expenses up to the $500 maximum the regulations set. TASCAT hears what's left.
Victoria: no tree disputes law, so common law applies
The Victorian Law Reform Commission recommended a dedicated Act in a report tabled on 27 November 2019, but disputes still run on the common law of nuisance, negligence and trespass.
You can cut back branches, leaves or roots crossing the boundary at your own cost, and you're liable for damage you do to the tree. The cuttings go back unless you agree otherwise. Councils stay out of it unless the tree is on council land. The Dispute Settlement Centre of Victoria can mediate, before any Magistrates' Court claim.
South Australia, WA, the ACT and the NT
SA runs on nuisance. Cut branches and roots stay the owner's, and leaves, nuts and twigs generally create no liability. WA: once an owner knows their tree is causing a problem, Legal Aid WA says they're responsible for fixing it, which can mean paying for pruning or repairs.
ACT: approval covers work affecting a protected tree, a neighbour's included, and the application needs the owner's written consent. NT: Legal Aid NT's five steps run from talking, through a mediator and a letter, to NTCAT.
What you can do, and what needs an arborist
You can
- Talk to your neighbour and keep notes and photos.
- Prune small overhanging branches from your side with both feet on the ground, using secateurs, loppers or a pruning saw.
- Rake up leaves and fallen twigs.
- Lodge a Before You Dig Australia enquiry before digging near roots.
Leave to an arborist
- Branches over a roof, shed, fence or power line.
- Cutting big roots, which can leave a tree unstable.
- Anything you'd need a ladder for.
- A written report if the dispute is heading to a tribunal or court.
Your neighbour's tree: what to do next
We'd knock on the door with photos before anything else, then ask the council whether the tree is protected. For a branch that's only a nuisance, cutting back to the boundary from your side is usually the quickest fix. If roots or a big limb threaten real damage, we'd get an arborist's written opinion early, because every tribunal and court wants evidence and proof you tried to settle it.
Want an arborist to look at it?
Tell us the job and your postcode, and a local arborist calls you to talk it through.