Neighbour's Trees: What Are Your Rights in Victoria?

Overhanging branches, falling leaves, blocked sunlight, and damaged fences are some of the most common reasons neighbours disagree. The good news is that most tree disputes can be resolved without ending up in a legal battle.

Here's what every Victorian property owner should know.

Can You Cut Your Neighbour's Tree?

The answer is yes—but only under certain circumstances.

If branches or roots from your neighbour's tree cross onto your property, Victorian law generally allows you to prune or remove only the parts that extend across your boundary.

However:

You must not enter your neighbour's property without permission.
You must not damage or destabilise the tree.
The work must remain on your side of the boundary.
The tree may still be protected by local council regulations, meaning a permit could be required before any pruning takes place.

If you're unsure, it's always best to seek professional advice before starting work.

Can You Throw the Branches Back?

Legally, the branches and fruit you've removed still belong to the tree owner.

The best approach is to speak with your neighbour and ask whether they would like the cuttings returned or whether you can dispose of them.

Simply throwing branches back over the fence is unlikely to help the relationship and can quickly escalate an otherwise simple issue.

What If the Tree Is Dangerous?

If a tree is dead, structurally unsound, leaning excessively, or has large hanging limbs, the situation changes.

Property owners have a responsibility to take reasonable care that trees on their land do not create an unreasonable risk to others.

Signs a tree may need professional assessment include:

Large dead branches
Significant trunk decay or cavities
Major cracks or splits
Trees leaning after storms
Uplifted roots
Fungus growing around the base
Branches regularly falling

If you're concerned, document the issue with photos and speak to your neighbour. An independent arborist assessment can help determine whether the tree presents a genuine safety risk.

What About Roots?

Tree roots crossing into your property can sometimes damage:

Fences
Retaining walls
Driveways
Plumbing
Foundations

Although you may have rights to remove roots on your side of the boundary, cutting major structural roots can make a tree unstable or even kill it.

Root pruning should always be carried out carefully and, in many cases, by a qualified arborist.

Do Councils Require a Permit?

Many Victorian councils protect certain trees.

Depending on your council, you may need approval before pruning or removing:

Native trees
Large established trees
Significant landscape trees
Trees within Vegetation Protection or Heritage Overlays

Even if branches overhang your property, permit requirements may still apply.

Always check with your local council before carrying out major pruning.

What Does Being a Good Neighbour Look Like?

Most tree disputes don't begin because of the tree—they begin because people stop talking.

A respectful conversation often solves the problem long before lawyers or insurance companies become involved.

Good neighbours:

Speak politely before taking action.
Explain the issue with photos if needed.
Listen to each other's concerns.
Work together on practical solutions.
Share costs where appropriate.
Respect each other's property.

Remember, you'll probably be neighbours for many years. Protecting that relationship is often worth far more than winning an argument.

When Should You Call a Professional?

Tree work can become dangerous very quickly.

If branches are:

Over roofs
Near powerlines
Large or heavy
Storm damaged
Dead or unstable

it's safest to have the work inspected by an experienced tree professional.

An arborist can also determine whether the tree is healthy, whether pruning is appropriate, and whether council approval may be required — see our full range of tree services for what we cover across Melbourne.

DTS Tree & Stump Removal Can Help

At DTS Tree & Stump Removal, we regularly assist homeowners across Melbourne with neighbour tree concerns, tree risk assessments, pruning, and safe tree removals.

Whether you need advice before speaking with your neighbour or you're ready to organise professional tree work, we're here to help.

Our team can:

Assess overhanging branches.
Inspect potentially hazardous trees.
Provide honest recommendations.
Carry out safe pruning and removals.
Leave your property clean and tidy.

If you're unsure what your options are, request a free, no-obligation quote and our team will give you straight advice.

Disclaimer

This article provides general information only and should not be considered legal advice. Tree laws vary depending on individual circumstances, local council regulations, planning overlays, and court decisions. If you're involved in a complex neighbour dispute or require legal advice, you should seek assistance from an appropriately qualified legal professional.