Neighbour's tree overhanging? Your rights in Victoria

Published 3 September 2026 · Updated 13 October 2026

What you're allowed to do

The Victorian Government's page on trees, from the Dispute Settlement Centre of Victoria, says:

• "You have the right to cut back any branches, leaves, or roots that cross your property boundary line at your own cost."
• "You need your neighbour's consent before entering their land to perform maintenance."
• You're "liable for any damage you cause to your neighbour's tree".
• "Unless you agree otherwise, you must return the branches & leaves to your neighbour as they remain their property."

In practice that means cutting at the boundary, from your side, without poisoning or damaging the rest of the tree. Ask whoever does the work to cut back to a branch collar or side branch near the line, not to leave stubs, and to tell you if a cut would unbalance the tree. Agree in advance with your neighbour where the cut branches go; most people are happy for them to be chipped.

Check for a permit first

Overhang doesn't override the planning rules. The government guidance says to check with council, because you "may need a permit to cut it back" if the tree is protected. For a native tree, maintenance pruning of no more than a third of the foliage is exempt from the state native vegetation rules, but overlays on the land, such as a Vegetation Protection or Heritage Overlay with tree controls, can require a permit. The permit guide shows how to check in VicPlan.

Powerlines are separate again. If the overhanging branches are near the lines, only Powercor-authorised workers can cut in the No Go Zone, so contact Powercor about them.

Who pays?

Usually you do. "Tree owners are not obliged to pay for tree maintenance," the guidance says, and trimming branches over your side is at your own cost. Leaves, bark, flowers, fruit and sap falling into your yard are part of a tree's normal life cycle and usually aren't a private nuisance on their own, so a court is unlikely to order a tree removed because of them.

It changes when the tree is causing damage. The guidance says that if your neighbour's tree has damaged your property, "it is possible that your neighbour is liable for the damage", and damage from roots is usually covered under property law. It suggests:

• Checking your home insurance first
• Gathering evidence: an arborist's report, photos and repair quotes
• Raising it with your neighbour and negotiating

For damage to a shared fence, the guidance points to the Fences Act for who pays. Roots under paths and pipes are covered in our tree roots guide.

Talk first

"The easiest and quickest way to solve a tree dispute is by having an informal chat with your neighbour about the problem," the guidance says, and if you don't know them well, a note in the letterbox can start it. Things that help:

• Be specific: which branches, what they're doing (on the roof, over the clothesline, rubbing the shed)
• Offer options: you cut your side, or you share the cost of pruning the whole tree properly, which usually looks better than a flat cut at the fence
• Agree where the cuttings go
• If you're in a bushfire prone area, mention it: the CFA's fence-line rules let neighbours clear along a boundary fence, but clearing on their side needs their written permission

If you can't agree

The Dispute Settlement Centre of Victoria "provides free dispute resolution services across Victoria", including neighbour disputes over trees and fences. Mediation, the guidance says, "gives you and your neighbour an opportunity to speak with each other". Call 1300 372 888.

If that fails, you can go to the Magistrates' Court, which decides whether the issue is a private nuisance and who pays what. A private nuisance is when "your use and enjoyment of your land is affected by another person's act or omission", and you need to show it's significant and unreasonable. Get independent legal advice first. Council won't help resolve a dispute or cut a private tree; it only deals with trees on council land.

Getting the branches cut

Cutting heavy limbs over a fence or shed is rope work, not a ladder-and-chainsaw job. Tell whoever quotes where the boundary is, what's under the branches and whether your neighbour has agreed to more than your side. Our lopping and pruning page covers the work, and the pruning cost guide shows the published prices.

Questions about neighbour's tree overhanging