While you have the right to cut back branches and roots from a neighbour’s tree that cross onto your property (back to the boundary line), but that right comes with real limits. Like how high the branch is, whether the tree is protected and whether your cutting damages the tree can all change what you’re actually allowed to do.
Your Rights When Branches Cross the Boundary
This law allows a property owner to deal with parts of a neighbour’s tree that extend onto their land. This includes removing overhanging branches and roots back to the boundary, provided any other required approvals are followed. It does not give you permission to enter your neighbour’s property or carry out work on the part of the tree that remains on their side.
There is also a formal process for certain overhanging branches. Where a branch extends at least 50 centimetres over the boundary and is 2.5 metres or less above ground level, you can use a written notice to request that the tree keeper arrange its removal. The notice must include:
- A minimum 30-day period for the tree-keeper to act
- At least one quotation for the removal work
- Details of when the work will take place
- Confirmation that access arrangements have been considered
If the branches aren’t removed within that timeframe, you may be able to arrange the work yourself, subject to the legislation.
Cutting Back Does Not Mean Cutting Without Limits
Having the right to prune isn’t the same as having no limits on how you do it. Removing a few branches is usually straightforward, but aggressive pruning can leave large wounds, alter the tree’s structure or create new safety concerns.
The tree’s overall condition matters too as removing substantial limbs from one side can affect its balance, and cutting roots close to the trunk can compromise stability. Large or mature trees, and branches positioned over buildings, driveways or other structures, can present real hazards during pruning. A poorly planned cut can create a problem that outlasts the original overhanging branch, and in some cases can affect the health of a tree that isn’t even yours.
This is where professional advice earns its keep. For trees that are large, hard to access, positioned close to structures or involved in an ongoing dispute, an arborist assessment gives you a clear, independent picture of the tree’s condition and what pruning is actually appropriate. If the matter ends up before QCAT, that same assessment can serve as useful evidence of the tree’s condition and the work required.
What If the Tree Is Protected?
Before you plan any significant pruning, check whether the tree is subject to a vegetation protection order or another local requirement. Queensland’s legislation is specific on this point where you can’t rely on the overhanging-branch provisions to carry out work where another law requires consent or authorisation.
This is where a seemingly simple pruning job can get complicated. A branch might clearly cross your boundary, but that doesn’t override vegetation protection rules. In Brisbane, that can mean checking whether the tree is listed under Brisbane City Council’s Natural Assets Local Law or falls within a Significant Landscape Tree category, both of which can restrict pruning or removal regardless of which side of the fence the trunk sits on. Requirements vary by council area, so if you’re uncertain, check with your local council or ask an arborist to confirm before any work starts.
What About Roots, Damage and Safety Problems?
Overhanging branches are only part of the picture as roots can cross boundaries too, and can contribute to problems with paving, retaining walls, garden beds and other structures. the law also provides a pathway for resolving these broader tree-related disputes, not just branch disputes.
The situation becomes more serious where there’s evidence of significant property damage or a genuine safety risk. A tree is generally considered to be affecting neighbouring land where it’s likely to seriously injure someone, seriously damage land or property, or substantially interfere with the reasonable use and enjoyment of the property. Ordinary leaf litter, flowers, fruit and small pieces of deadwood don’t meet that threshold on their own.
If a tree is causing cracking, lifting or an obvious hazard, documenting the issue and getting professional advice gives you a much clearer picture of what needs to happen next.
Talking to Your Neighbour First
Even where you have a clear legal right to deal with an overhanging branch, speaking with your neighbour first is usually the sensible starting point. A conversation can prevent misunderstandings and often leads to an agreement about what gets pruned, who organises the work, and how access is handled.
This matters even more when the required work is substantial as your neighbour may already know about the problem and be happy to arrange an arborist themselves.
Think Before You Cut
A neighbour’s tree growing over your fence is a genuinely common source of friction, but there’s a clear process for dealing with it. So before you arrange any substantial pruning, work through this:
- Identify exactly what’s causing the problem (branches, roots, shading, damage)
- Check whether the tree is protected under Brisbane City Council rules or another local requirement
- Talk to your neighbour before cutting anything back
- Confirm which side of the 2.5 metre branch height threshold you’re dealing with
- Understand the limits of your right to prune before picking up a saw
For large branches, difficult access, significant roots or a tree that may be hazardous, professional assessment is certainly worth the call. If you’re dealing with an overhanging tree and want practical advice on how to handle it safely and correctly, North Brisbane Trees can assess the situation and help you work out the best way forward.
