Neighbour’s Tree Overhanging My Fence: What are my Legal Rights in Victoria?

Branches of a neighbour’s tree can be a source of annoyance if they overhang your property. They can block the sunlight, damage fences, clog your gutters with leaves and generally spoil your enjoyment of

your own property.

Overhanging branches can be a source of frustration because many people simply do not know their own rights and what they can do about the problem. The main advice is not to act too hastily but to know your position so you can resolve the issue quickly.

Know Your Rights

Overhanging branches are a frequent source of dispute in Australia because people do not understand their rights and responsibilities. In fact, a tree is the responsibility of the person on whose land it is growing and so they need to ensure the tree is safe and healthy. Once any part of a tree extends beyond the owner’s boundary, however, the situation changes.

If branches do overhang your property, you are allowed to trim them back with the following provisions:

• You are not allowed to enter your neighbour’s property without permission to do the work.
• Any cuts must not extend beyond the boundary line.
• The tree remains the property of your neighbour and so you need to ask how any off cuts should be disposed of.
• Any costs incurred are yours, not your neighbour’s.
• Trimming needs to be reasonable and should not damage or kill the tree.
• If the tree has council protection, you must obtain permission to do the work.

Tree roots can cause more damage than branches, including to fences, driveways, paths, foundations and pipes. You have the right to remove roots within your boundary providing they do not destabilise or harm the tree.

Keep Calm and Avoid Conflict

Disputes can always be avoided by approaching the problem in the right manner. A calm conversation where you explain the situation is far better than a confrontation where negligence is alleged and blame is assigned.

Trees do tend to grow slowly and so any problems will arise over a long time. Tackling the issue early will limit the damage and mean any remedial action will be very limited. A reasonable attitude will also ensure that neighbour relationships remain amicable. After all, we all want to remain on good terms with our neighbours.

If damage has been caused to your property, the neighbour may be required to pay compensation or there may be an insurance claim. Either way, be sure to document the damage with photographs and an independent report.

Often, the best way to resolve such a situation amicably is to seek the help of an experienced professional. We can assess any damage that has been caused, provide documentary evidence, advise on the best course of action and undertake any necessary work without any harm to the tree.

At A.P Tree Management, we can also keep trees trimmed back in the future to prevent further problems. Get in touch to resolve any issues quickly and correctly.