Neighbours trees

Suburbs need trees. They beautify our city and landscape, but disputes over trees can cause conflict between neighbours.

Council will not become involved in neighbourly disputes about trees.  It is a civil matter between neighbours, council does not get involved or act as a mediator between parties.  If you have any issues with neighbours' trees you should talk to your neighbour first and try to resolve it between yourselves.  If you cannot agree then you should seek legal advice or see Citizens Advice Bureaux

If a tree is overhanging a public place such as hindering the use of a footpath, or the tree is on council land, please tell us. 

Pamphlet - Trees and your rights 

Branches overhanging the fence

The law allows you to cut off the branches on your side of the fence.  Provided they are not causing a nuisance, the branches are your responsibility if they grow on your side of the fence. 

Fence damage

The cost and up-keep of a boundary fence is normally halved between you and your neighbour.  However, the law is on your side in any dispute involving a plant or construction on your neighbour's property which is damaging your property.  The tree owner is liable for the damage and must repair the fence or compensate you for the damage. 

If the tree is a continuing nuisance, such as growing too large and pushing over the fence, then the cause of that nuisance must be removed.  In this case, the neighbour could find that they have to remove the tree.

Tree roots causing damage

If the roots from your neighbour's tree continually block your drains, which means you have to get a plumber to clear them, or they start pushing up through your lawn, ask the tree owner to do something about it.  You can only cut roots on your side of the boundary.  If you poison the roots, and the poison kills the tree, your neighbour could take you to court for damaging their property.

Your right to take action stops at the boundary line between your property and your neighbours'.  Using poison that would have an effect beyond your side of the legal boundary is illegal.

Leaves falling onto your property

If the neighbour's tree drops leaves onto your property, including blocking your guttering, you're allowed to prune any branches back to the fence line. 

The law allows you to cut off the branches that are on your side of the fence.  If the result of the pruning is the tree dies, your neighbour cannot demand compensation.  It can be argued that any damage to the tree was the owner's fault, as they did not prune the branch back when it was young and the life of the tree was less likely to be affected.

Blocking sunlight

If a tree on your neighbour's property is blocking sunlight to your house, talk to your neighbour.  If your neighbour won't do anything about it, you could take legal action.  You will have to convince a court that the tree is having an adverse effect on your property and enjoyment of it.  If the court agrees, the neighbour will have to cut the tree back.

Loss of view

If trees are blocking your view, even if the offending trees are not on your neighbour's property but on a property further away, you can do something about it.  However, it may need to be resolved in court if talking to the owners does not work.

Possible damage from a dying tree

If you're concerned about a dying tree on the other side of the fence, or even part of it falling on your property, talk to your neighbour.  If they don't want to remove the tree, then talk to your lawyer.