Overhanging Branches and Intruding Roots

Cutting Back

If a branch or root comes onto your side of the fence, you are allowed to:

• cut off the branch to the point it overhangs your property
• dig up the root and remove it up to the boundary of your land.

You must

• not cut the branch or dig up the root on your neighbour's side without their agreement
• take care not to cause unnecessary damage to the tree.

You do not have to let your neighbour know you intend to cut things back from your property, but it is a good idea to let them know there is a problem and what you are going to do.

Some local governments have Tree Preservation Orders in place. These orders may prohibit the pruning and removal of specified trees. Check with your local government.

Disposal

Any root, branch, flower or fruit growing on a branch that you cut back still belongs to the tree's owner and should be returned to your neighbour.

Be careful about how they are returned. You are responsible for any damage or littering that might happen. It is sensible to let your neighbour know what you are going to do.

Payment for Damage Caused by Neighbour's Tree

Repairing damage caused by a neighbour's tree can be costly. Roots can damage foundations, block drains or raise brick paving. Overhanging branches can drop leaves into your gutters or prevent your own trees and crops from growing.

If you need to have repairs done or have to get a specialist in to remove the roots or branches, write a letter to your neighbour

• setting out what the damage is;
• giving them copies of quotes for getting the work done; and
• asking them to pay to fix the problem so it does not happen again.

You should keep a copy of the letter.

Once your neighbour knows of the problem (or should have become aware of it) they have a responsibility to fix the problem so it does not keep going or worsen.

If you cannot reach an agreement, you may have to apply to court for an order that your neighbour has to have the branches or roots removed.

Legal action against neighbours can lead to bad relationships that cannot be repaired. Where possible, think about negotiating an agreement, or going to a dispute resolution service instead of taking court action.

Click here for more information about Neighbourhood Dispute Resolution Services.

Before taking any steps that may become costly or starting any legal action, get legal advice.

Legal content last updated: June 2008