Neighbouring trees

Issues such as overhanging branches, falling leaves, or roots can sometimes cause concerns between neighbours. In Victoria, these situations are generally managed under property and common law.

Key things to know:

• Talk to your neighbour first
  The easiest way to resolve most tree-related issues is by having a conversation and agreeing on a solution together.

• You can trim what crosses your boundary
  You have the right to cut back branches or roots that extend onto your property, at your own cost.
  However: 

  • you must not enter your neighbour’s property without permission
  • you must avoid causing damage to the tree
  • you may need a permit if the tree is protected
  More information about tree protection laws can be found here: Tree protection laws 
  
  

• Tree owners are not always responsible for maintenance
  A tree owner is generally not required to maintain a tree unless it is causing damage or is considered a legal nuisance.

• Leaves and debris are normal
  Falling leaves, bark, flowers and small debris are part of a tree’s natural cycle and are not usually considered a legal issue.

• Damage to property
  If a tree is causing damage, the tree owner may be liable—but this usually needs to be proven. It’s recommended to gather evidence (such as photos or an arborist report) and try to reach agreement first.

• Blocking views or sunlight
  There are no specific laws preventing trees from blocking light or views. These matters are best resolved between neighbours.

• Council’s role is limited
  Council generally does not get involved in disputes between neighbours or carry out pruning of privately owned trees.
  If the tree is on council land (e.g. a nature strip), you can contact us to assess the issue.

• If you can’t agree
  Mediation or legal action through the Magistrates’ Court may be options, but these can be time-consuming and costly.

More information

For more detailed guidance, visit the Victorian Government website:
Trees in Victoria – rights and obligations