Your neighbour's tree is over your fence: what you can (and can't) do in Queensland

Tree disputes between neighbours are so common in Queensland that there's a specific law for them: the Neighbourhood Disputes (Dividing Fences and Trees) Act. You don't need to read it. But if you've got branches coming over the fence, fruit and leaves filling your gutters, or a limb you're worried about, it helps to know the basic ground rules before you act.

The short version

• The tree belongs to the person whose land the trunk grows on. The law calls them the tree-keeper, and they're responsible for it
• You're generally entitled to cut back branches and roots that cross the boundary, back to the fence line, at your own cost
• You can't go onto the neighbour's property or damage the tree beyond the boundary without permission
• For low overhanging branches there's a formal notice process that can put the cost back on the tree-keeper
• If it can't be sorted between you, QCAT (the Queensland Civil and Administrative Tribunal) can order work done

None of this is legal advice, and island and rural properties can have extra layers. But those five points cover most backyard situations.

Start with the conversation

It sounds obvious, but the cheapest fix is almost always a chat over the fence. In our experience most tree-keepers simply haven't looked at the tree from your side. Showing them the branch over your shed or the photos of what came down in the last blow resolves more disputes than any letter.

It also matters practically: if the branches get cut back to the boundary from your side only, the tree can end up lopsided and uglier for both of you. One properly quoted job, split or covered by the tree-keeper, usually gets a better result than two half jobs.

Cutting back to the boundary

Queensland preserves the old common law right of abatement: you may remove growth that crosses onto your land, back to the boundary line. A few cautions before anyone gets the ladder out:

• Council vegetation rules still apply. A protected tree is protected on both sides of the fence, so check before cutting
• The work has to be done from your side unless the neighbour agrees otherwise
• Big limbs over structures are not a DIY job, boundary or not
• Technically the branches remain the tree-keeper's property, so offer them back rather than lobbing them over the fence, however tempting

The overhanging branch notice

For branches that hang over your side at 2.5 metres or less above the ground, and extend at least 50 centimetres over the boundary, the Act gives you a formal option: a written notice asking the tree-keeper to remove them. If they don't act within the notice period, you can have the work done and recover a capped amount of the cost from them. It's a useful lever when the friendly conversation has gone nowhere.

When it's more serious than leaves and twigs

If a neighbour's tree has structural problems that could injure someone or damage property on your side, document it: photos, dates, and a written note to the tree-keeper. An arborist's assessment carries real weight here, both in getting the neighbour to act and later at QCAT if it comes to that. QCAT can order pruning, removal, ongoing maintenance and even compensation in some cases.

Where we fit in

We do a lot of boundary jobs, and the pattern that works is simple: one written quote that both households can see, clear scope about what's cut and from where, and council checks done before anything starts. Often we're quoting for the tree-keeper after their neighbour raised it, and honestly, that's the version where everyone stays friends.

If there's a tree over your fence line worrying you, send us a photo from your side and your suburb. We'll tell you what the sensible next step is, whether that's a prune, a notice, or nothing at all.