Cutting Back

If a branch or root comes onto your side of the fence, you are allowed to cut and remove it up to the boundary of your land. You must not cut the branch or root on your neighbour’s side without their agreement.

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

Disposal

Any root, branch, flower or fruit growing on a branch that you cut back still belongs to the tree’s owner and should really be returned to your neighbour. Be careful about how they are returned. You are responsible for any damage or littering that might happen. Again, 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 to your neighbour setting out what the damage is and giving them copies of quotes for getting the work done. In your letter, ask them to pay and to fix the problem so it does not happen again. You should keep a copy of the letter.

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

If you cannot reach an agreement, it may be necessary 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, you should think about negotiating an agreement, or going to a dispute resolution service instead of taking court action.

Before taking any steps that may become costly or starting any legal action, get legal advice or call Legal Aid Information Line on 1300 650 579 for further information. For more information go the the Legal Aid website.