Tree Removal and Neighbours: Brisbane Laws, Rights, and Common Sense

Overhanging branches, roots in your pipes, their tree on your fence — the legal position in Brisbane and what to do about it.

Your right to prune overhanging branches

In Queensland, you have the right to prune branches that overhang your property back to the boundary line. You're not required to notify your neighbour, though it's good practice. Important: you cannot enter their property to do it, and you can't charge them for the cost (unless they agree).

What you can't do

You cannot prune branches in a way that kills or seriously damages the tree. You cannot remove branches further back than the boundary. You cannot enter their property. If the tree is on their land and protected by a VPO, the pruning still needs to comply with that.

When a neighbour's tree damages your property

If a branch or root from a neighbour's tree damages your property (fence, driveway, pipes), the legal position in Queensland is that the tree owner is not automatically liable unless the tree was known to be damaged, dead, or diseased and they took no action. Talk to your neighbour first. If they won't cooperate, your insurer is the next step.

The shared tree problem

If a tree's trunk straddles the boundary line, it's jointly owned. Neither party can remove it without the other's consent. If you can't agree, mediation through the Queensland Civil and Administrative Tribunal (QCAT) is the resolution path.

Practical advice

Most neighbour-tree situations are resolved through conversation, not lawyers. Approach the conversation factually: "The overhanging branch is dropping debris on my roof and I'd like to get it pruned." Offer to share the cost. Most people are reasonable.