Whose Responsibility Is Overhanging Trees?

Overhanging trees are a hassle and understanding whose responsibility they are is vital to get started on finding a solution.

Having trees overhang your garden can cause loss of light, block a view, or just be plain inconvenient, especially if there’s a lot of leaf or fruit fall.

The common view is that yes, you are within your rights to trim any branches that overhang your property. This kind of dispute can often be more complicated though and because of this, most local councils have specific laws regarding trimming overhanging trees.

Overhanging trees are regarded as a civil matter and as such should be resolved between the parties concerned – put simply, the council will not get involved in this type of neighbour dispute. Local guidelines, based on the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , describe land as being affected by trees if branches overhang the land, or if the tree is likely to cause injury to a person or damage property in the next 12 months.

It also considers the overhanging branch to be problematic if it can be seen as causing substantial interference to the neighbour’s enjoyment of the land.

The same guidelines state:

“The individual responsible for the land on which the tree is situated is responsible for maintaining the tree and should cut and remove any branches that overhang a neighbour’s land.”

The best way to resolve this kind of dispute is with a friendly chat. Most people are reasonable if they’re approached in a polite manner, and it’s certainly easier to do this before you’ve taken to the tree with a pair of loppers.

We certainly can. Not only do we have over twenty years of experience in tree care, but our team will also do a thorough check on local by-laws so that both parties understand the laws and responsibilities that apply to both tree-keeper and neighbour.

Our fully insured crew will handle every aspect of the tree removal – all you have to do is have a chat with your neighbour to get them on board.

The implication is that the tree-keeper is responsible for the tree, and so is responsible for paying. In reality, your neighbour may not be able to afford to pay to remove the overhanging branches. If this is the case, then it may be wise to reach an agreement where you take on all or part of the cost of removing the branches.

If your neighbour really won’t budge, then you may have to engage the services of the Queensland Civil and Administrative Tribunal to help with resolution.

The team at Arborclimb Tree Services have years of experience in all aspects of arbor management, including resolution of disputes about overhanging branches.

To have a chat about your options or to arrange a quote, just get in touch online , drop us an email Info@arborclimb.com.au or give us a call on 0417127267 .