Overhanging Trees in Brisbane: Your Rights and Options

Leaves on your roof, branches over your fence, roots in your garden — what you can and can't do in Queensland.

The right to prune to the boundary

In Queensland, you can prune branches from a neighbour's tree that overhang your property, back to the boundary line. You don't need their permission, but you should let them know. You can't charge them for the work unless they agree to share the cost.

The limits of that right

You can't prune in a way that kills or seriously injures the tree. You can't cross into their property. And if the tree is protected by a VPO, the pruning still needs to comply with the vegetation management rules — you can't use "overhanging" as an excuse to lop a protected tree.

Roots are different

You can cut roots that enter your property at the boundary. But cutting roots can damage or destabilise the tree, and if the tree falls as a result, you may have some liability. For significant roots near structures, get professional advice before cutting.

When neighbours won't cooperate

If a tree on your neighbour's property is causing genuine damage (not just dropping leaves) and they're unresponsive, you can apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order. This is a last resort — most situations are resolved through conversation or a shared quote.