Overhanging tree branches from a neighbour’s property are one of the most common sources of frustration for Australian homeowners. They drop leaves into gutters, sap onto cars, and can even pose safety risks in storms. But before you reach for the chainsaw, it is important to understand exactly what the law allows and what could get you into trouble.
Can You Legally Cut Overhanging Branches?
The short answer is yes, with conditions. Under Australian common law, you have the right to cut back (or “abate”) any branches that overhang your property boundary. This right applies regardless of which state or territory you live in. However, this right comes with several important limitations that you must follow to stay on the right side of the law.
Rules You Must Follow
When exercising your right to cut overhanging branches, keep these key rules in mind:
- You can only cut up to your property boundary line, not beyond it
- You must not trespass on your neighbour’s property to do the work
- You should not damage the overall health of the tree
- Any cut material technically belongs to the tree owner, so you should offer to return it
- You bear the cost of the pruning work unless you can prove negligence
- Protected trees may require council approval before any cutting
Professional tree pruning services understand these legal requirements and can ensure the work is done correctly. Improper cuts can damage the tree’s health, potentially making you liable for the cost of the tree’s replacement.
When Council Approval Is Required
If the tree is listed under a tree preservation order or is a protected species, you will likely need council approval before any pruning, even on branches that overhang your property. Pruning without approval in these cases can result in fines of several thousand dollars. An arborist report can identify whether a tree is protected and what approvals are needed.
What If the Branches Are Dangerous?
If overhanging branches pose an immediate danger, such as a large dead limb hanging over your roof, you should document the hazard with photographs and notify your neighbour in writing. If the neighbour fails to act and the branch causes damage, they may be held liable. In urgent situations, contact your local council or emergency services. For broader guidance on resolving disputes with your neighbour, see our neighbour tree disputes guide.
Best Practices for Pruning Overhanging Branches
Do It Properly
Cuts should be made at the branch collar or at a natural fork to promote proper healing. Lopping branches partway encourages weak regrowth that creates bigger problems down the track. For advice on correct pruning techniques, our tree pruning guide covers the key principles.
Hire a Professional for Large Branches
Any branches above head height or thicker than your wrist should be handled by a qualified arborist. Working at height with cutting tools is extremely dangerous without proper training and equipment. The relatively small cost of professional pruning is far less than the cost of a hospital visit or property damage from a falling limb.
Need help with overhanging branches? Find a qualified arborist in your area who can prune the branches safely, in accordance with Australian standards, and advise you on any council approvals that may be required.