A neighbour's tree overhanging your property is one of the most common disputes between homeowners in Queensland. Whether it's branches hanging over your fence, roots pushing up your driveway, or a tree that looks like it could come down in the next storm, knowing where you stand legally is the first step to getting it sorted.
Here's what you can and can't do under Queensland law, and when it's time to call in a qualified arborist.
Who Is Responsible for a Neighbour's Tree?
Under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, the person responsible for a tree is known as the "tree-keeper." In most cases, the tree-keeper is the registered owner of the land where the base of the tree trunk sits. If the trunk is mostly on your neighbour's property, the tree is theirs to manage - even if the branches are hanging well over into your yard. It is worth knowing that the Act covers more than just traditional trees. Palms, bamboo, shrubs, vines, banana plants and even dead trees all fall under the definition. So if your neighbour has a cocos palm dropping fronds onto your roof, the same rules apply.
What Can You Legally Do About Cutting Neighbours Overhanging Trees?
Trim to the Boundary Line
Queensland law gives you the right of abatement, which means you can trim any branches or roots that cross your boundary line - back to that boundary and no further. You do not need your neighbour's permission to do this, but there are some important conditions:
You cannot enter your neighbour's property without their written consent. You must not damage the tree beyond what is necessary to remove the overhanging section. You must check whether the tree is protected under your local council's vegetation protection rules before doing any work. Cutting a protected tree without approval can result in serious fines.
Once you have trimmed the branches, you can choose to return the cuttings to your neighbour or dispose of them yourself - either is permitted under the law.
Issue a Formal Notice
If the branches are more than 50 centimetres over your boundary and less than 2.5 metres above the ground, you can serve your neighbour with a Form 3 - Notice for Removal of Particular Overhanging Branches. This formally requests they address the problem within a set timeframe of no less than 30 days.
If they do not act, you can arrange for the branches to be removed and recover up to $300 per year from your neighbour toward the cost. This notice process cannot be used if the tree is covered by a vegetation protection order.
Apply to QCAT
If the overhanging branches are more than 2.5 metres above the ground, or your neighbour refuses to cooperate, you can apply to the Queensland Civil and Administrative Tribunal (QCAT) for a legally enforceable order. QCAT can also step in where a tree is causing or likely to cause serious damage to your property, or poses a safety risk to anyone on your land.
Failing to comply with a QCAT order without a reasonable excuse can result in a fine of up to $100,000 for the tree-keeper.
That said, QCAT should always be a last resort. It can be time-consuming and stressful for everyone involved. Talking to your neighbour calmly and involving a qualified arborist early often leads to a faster and far less costly outcome.
When a Neighbour's Tree Becomes a Safety Risk
This is where things get more serious - and where acting quickly matters most.
Queensland's storm season brings heavy rain, strong winds and the very real risk of trees coming down. If a neighbouring tree is visibly damaged, leaning toward a structure, has large dead branches hanging over your property or shows signs of disease, it poses a genuine safety threat that should not be ignored.
Common warning signs to watch for include:
Cracks or splits in the trunk. Large dead or hanging branches, sometimes called widow-makers. Visible root damage or soil heaving at the base. Bark peeling away in large sections. The tree leaning noticeably more than it used to.
If you believe a neighbouring tree is dangerous, document it with photos and speak to your neighbour as a first step. Most people will respond once they understand the risk involved. You can also contact your local council to report a dangerous tree on council land or request an inspection.
Where a tree poses a serious safety risk, a written assessment from a qualified arborist can support any formal notice or QCAT application and carries real weight in a dispute.
What About Roots Damaging Your Property?
Root damage is a slower problem but can be just as costly. Tree roots from a neighbouring property that are damaging your fence, driveway, underground pipes or foundations are covered under the same Queensland legislation.
If you can demonstrate that the roots are causing or are likely to cause serious damage within the next 12 months, you have grounds to take action - whether through a formal notice, negotiation or a QCAT application.
Getting an arborist report early is a smart move here. It documents the issue professionally and gives you something concrete to work with if the situation escalates.
Why Involving a Qualified Arborist Early Makes Sense
Whatever the situation with a neighbouring tree, bringing in a qualified arborist early tends to make things go more smoothly. Here's why:
They can assess whether a tree is genuinely dangerous, giving you a clear picture before you take any action. They know which trees are protected under local council regulations, so you avoid accidentally breaching the rules. They can carry out any pruning safely and correctly, reducing the risk of property damage or unnecessary harm to the tree. Their written reports carry authority in formal disputes and QCAT applications.
At Arborsafe Tree Services, our qualified arborists have been working across South East Queensland for more than 25 years. We can assess overhanging or dangerous trees, carry out safe and compliant pruning, and give you honest advice on where you stand before you take any action.
Call 0418 197 006 or request a free quote today.
Frequently Asked Questions About Neighbour Tree Disputes in Queensland
Can I cut my neighbour's tree branches that are overhanging my property in Queensland?
Yes. Under Queensland's common law right of abatement, you can trim overhanging branches back to your boundary line without your neighbour's permission. However, you cannot enter their property without written consent, and you must check whether the tree is protected before doing any work. It is always safest to have a qualified arborist carry out the trimming to ensure it is done correctly and safely.
What are the council rules on overhanging trees in Queensland?
Council rules on overhanging trees vary depending on your local government area. Most Queensland councils regulate tree removal and significant pruning through vegetation protection orders. If a tree is listed as protected, you may need approval before cutting it - even if it is overhanging your property. Check with your local council or use their online mapping tools to confirm whether a tree is protected before doing any work.
What do I do if a neighbour's tree is dangerous?
Document the hazard with photos and speak to your neighbour first. If they are unresponsive, contact your local council or apply to QCAT. A written assessment from a qualified arborist will strengthen your case significantly. If you believe there is an immediate safety risk, contact an arborist for an urgent inspection. Arborsafe Tree Services offers 24/7 emergency response for urgent tree situations.
Who pays for cutting overhanging tree branches in Queensland?
If you choose to trim the branches yourself or hire an arborist under your right of abatement, you generally cover the cost. However, if you serve a formal notice and your neighbour fails to act within the required timeframe, they can be held liable for up to $300 per year in costs. For larger disputes, QCAT can make orders regarding who bears responsibility for costs.
Can I cut down a neighbour's tree that is threatening my property?
No. You cannot remove or destroy a tree on your neighbour's property without their permission or a formal QCAT order. Even if the tree poses a risk, you are only entitled to trim what crosses your boundary line. If you believe the tree needs to be removed entirely, the process is to document the risk, speak to your neighbour, and if necessary apply to QCAT with supporting arborist reports.