Overhanging branches
If your neighbour’s tree or trees is overhanging onto your property, you are allowed to remove that overhanging part of a tree (for example, overhanging branches containing fruit). You are not required to return the removed part of the tree to your neighbour, but you are allowed to do so if you choose to.
Before cutting, pruning or removing a tree entirely check with your local council whether the tree is the subject of a Vegetation Protection Order or is Heritage Listed. You may not enter onto your neighbour’s property without their permission.
You should also be mindful of causing damage to their property during removal and should obtain relevant insurance or have a contractor with the necessary insurance cover.
If you do not want to remove the overhanging branches yourself you will first need to complete a Form 3 Notice of Removal of Overhanging Branches and give this to your neighbour. This Notice should only be used where the overhanging branches extends at least 50cm over the common boundary and where the branch is 2.5m or less above the ground.
This Notice should be given to the occupier of the property. It is advisable that this is given to your neighbour in writing and that you keep a copy of all correspondence between you.
You may only give your neighbour one Notice in a 12 month period.
The Notice:
What if your neighbour does not respond to the Notice?
If your neighbour does not respond to the Notice within 30 days after receiving the Notice then you may choose to:
(a) remove the branches yourself (as described above); or
(b) remove the branches yourself and make an application to the Queensland Civil and Administrative Tribunal (QCAT) to recover the cost of doing so (up to a maximum of $300); or
(c) make an application to QCAT for a tree dispute.
For more information about options (b) and (c), see the following links:
If your neighbour’s tree or trees is overhanging onto your property, you are allowed to remove that overhanging part of a tree (for example, overhanging branches containing fruit). You are not required to return the removed part of the tree to your neighbour, but you are allowed to do so if you choose to.
Before cutting, pruning or removing a tree entirely check with your local council whether the tree is the subject of a Vegetation Protection Order or is Heritage Listed. You may not enter onto your neighbour’s property without their permission.
You should also be mindful of causing damage to their property during removal and should obtain relevant insurance or have a contractor with the necessary insurance cover.
If you do not want to remove the overhanging branches yourself you will first need to complete a Form 3 Notice of Removal of Overhanging Branches and give this to your neighbour. This Notice should only be used where the overhanging branches extends at least 50cm over the common boundary and where the branch is 2.5m or less above the ground.
This Notice should be given to the occupier of the property. It is advisable that this is given to your neighbour in writing and that you keep a copy of all correspondence between you.
You may only give your neighbour one Notice in a 12 month period.
The Notice:
- Must give your neighbour 30 days in which to respond;
- May request that your neighbour give you up to 1 days notice before undertaking any work to remove the branches;
- Give your neighbour permission to enter your land on an advised day between 8am and 5pm to remove the branches (note that it is your responsibility to consider public liability insurance before giving your neighbour permission to enter your land, and it is your neighbour’s responsibility to consider whether a contractor has the necessary insurance before engaging a contractor to carry out work on a tree);
- Should supply your neighbour with at least 1 quote estimating the cost of the work; and
- A copy of Part 4 of Chapter 3 of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. See here for a copy of Part 4 of Chapter 3 of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 and print pages 37 to 39.
What if your neighbour does not respond to the Notice?
If your neighbour does not respond to the Notice within 30 days after receiving the Notice then you may choose to:
(a) remove the branches yourself (as described above); or
(b) remove the branches yourself and make an application to the Queensland Civil and Administrative Tribunal (QCAT) to recover the cost of doing so (up to a maximum of $300); or
(c) make an application to QCAT for a tree dispute.
For more information about options (b) and (c), see the following links: