Trees on Neighbouring Land

The issue of trees overhanging boundaries is something many property owners can relate to. Is it their responsibility or yours? There may also be specific laws that apply to the particular tree in question.

There can be heavy fines for unauthorised removal or destruction of publicly owned trees and for trees protected by planning schemes or local laws. For guidance on relevant authority decisions and legislative detail see the embedded references: case references and DSA links.

We can advise you about planning and local laws and assist you in resolving your concerns without getting yourself in trouble.

Court

Litigation is costly and stressful, and all avenues to resolve disputes without going to court should be explored.

If a dispute between neighbours about an overhanging tree gets to court, the court will consider a number of issues, including:

• The neighbourhood’s general environment
• How long the issue has been ongoing
• The impact on you and your property
• What reasonable people would think of the interference

If you have any issues with overhanging trees and think you need to speak to a lawyer, please contact our Melbourne City office on 8595 9580 or Mornington office on 9575 2000.