Trees are a common source of contention between neighbours. Neighbouring trees might be blocking your views or sunlight, dropping leaves into your pool or creating a safety issue. But before you pick up that saw to cut overhanging branches, it’s important to understand your rights and responsibilities as a property owner. Here’s what you need to know.

What The Law Says

In Queensland, property owners generally have the right to cut back branches and roots that are crossing onto their property from a neighbouring tree. This law is known as the right of abatement. There are, however, conditions that apply:

• You cannot enter your neighbour’s property without their express permission
• You can only trim the portions of the tree that are on your side of the boundary line, not your neighbour’s
• You must not compromise the health, stability or structure of the tree or damage the tree – excessive cutting or pruning that harms the tree could leave you liable for compensation

Do I Need To Ask For Permission?

You are not legally required to ask your neighbour’s permission to trim overhanging branches, however it’s generally a good idea to discuss it with them first. A friendly chat can help avoid people getting upset and helps maintain a good relationship. Most people are happy to find an agreeable solution, particularly if the tree is a safety hazard or causing damage.

What If The Tree Is Protected?

Even trees that are located on private property can be protected. Before doing any type of work on a tree, it’s important that you or your Arborist, checks with local council if permission is required to prune it or if pruning is allowed at all. Trees may be protected due to their size, environmental significance, location or species. Failing to obtain the required permits can result in serious fines, so it’s just not worth the risk.

Who Pays For The Work To Be Done?

 If you choose to prune branches that are overhanging onto your property the cost is generally your responsibility. If however, you want to hire an Arborist to do the job, the tree is hazardous, causing damage or is diseased, you may want to share responsibility for the cost with your neighbour. You would obviously need to gain a quote and have an agreement  to share the cost first before any work is carried out.

What If We Can’t Reach An Agreement?

Disputes over trees can be quite common. If you have tried talking with your neighbour and you can’t come to an agreement, Queensland’s Neighbourhood Disputes (Dividing Fences and Trees) Act, provides a framework for resolving conflicts and in certain cases, these matters may be referred to the Queensland Civil and Administrative Tribunal or QCAT.

This is obviously not where you want to end up and should only be seen as a last resort if you’re getting nowhere.

Hire An Arborist

Pruning trees can be dangerous, particularly if you are trimming large, heavy branches, very high canopies or if trees are located close to powerlines, houses and fences. Hiring an Arborist to do tree work is always a good idea. They will be able to carry out the appropriate council checks to see if the tree is protected, do a full inspection and tree assessment, carry out pruning to the correct, industry standards so the tree isn’t compromised or damaged and get rid of any debris once the job is completed.  Plus, they will have all of the necessary equipment and tools and will be fully insured so you don’t have to worry about a thing.

Speak to the team at Aussie Tree Solutions to discuss our professional tree pruning and maintenance service today. We provide a comprehensive range of tree services from Consulting Arborist services to tree pruning, tree removals to stump grinding and everything in between. Whatever your tree issue – we’ll get to the root of it!