Trees
Overhanging branches
If your neighbour’s tree branches are overhanging your fence or property and causing a nuisance you are able to lop them. However, you can not trespass on your neighbour’s land to do this.
Before you lop off overhanging branches you should contact your local council to discuss local laws on trees.
Many councils throughout Queensland have in place tree preservation orders, significant tree and heritage tree registers with restrictions and guidelines on the amount of lopping, trimming and pruning that can be carried out on specific trees. Some councils require permission before a tree can be lopped. If you ignore this, it can be an offence.
Any branches you lop off belong to the owner of the tree and they cannot refuse to take the branches back if you are unable or unwilling to dispose of them. If returning the branches, you should take care not to harm anything on your neighbour’s property otherwise you could be liable to pay for the damage.
If the overhanging branches are too big or too high for you to cut down you may want to talk to your neighbour about sharing the lopping costs. However, your neighbour is not obliged to help pay for this.
Fruit trees
Technically, the owner of the tree owns all of its fruit. However, the tree owners may be happy to let you keep the fruit from branches on your side of the fence. We recommend you talk with your neighbour to come an agreement
Other problems
The roots of a tree can be a nuisance, particularly when they damage an adjoining property. The injured party may be able to sue.
If your tree falls and strikes somebody, either on the road or on a neighbouring property, you may be liable for negligence.
Trees should not be a traffic hazard. Where they are likely to be a problem to road users, the local council may be able to order them to be removed, lowered or trimmed.
Consult your solicitor if you require specific advice on problems created by trees.
Printable view
Change text size
Printable view
Other languages