We all love trees, right up until one is hanging over the slab you're about to pour. Here's what Queensland law says about your neighbour's trees, and what to sort out before you build near one.

Can You Cut Overhanging Branches?

In Queensland, if a neighbour's branches overhang your land by more than 50 cm and are 2.5 m or less above the ground, you can give the tree keeper written notice asking them to cut them back. The notice has to give them at least 30 days. If they don't do the work, you can cut the branches back to the boundary yourself (or get someone to) and recover reasonable costs, up to $300. For branches higher than 2.5 m, the self-help route doesn't apply; you'd need to apply to QCAT. Before you touch anything, also check your council's vegetation protection rules, because some trees are protected no matter whose side they're on.

Can You Keep the Fruit?

If your neighbour has a fruit tree with branches that overhang into your property, the fruit still belongs to them. It is always best to ask for permission from your neighbour before taking any fruit from their tree.

Tree Roots and Property Damage

Tree roots can do serious damage to the property next door, and if your tree's roots damage a neighbour's property, you can be held liable. This matters when you build, too: a tree planted close to a new home can grow into a problem years later.

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The Issue with Tree Roots

Most tree problems start underground. Some species cause real damage to homes, especially in droughts. Roots chase water and moisture, and as they spread they dry out and shift the soil under footings and slabs. The signs show up inside: cornice corners opening, cracks in ceiling and wall plasterboard, and doors that start to stick.

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Communicate with Your Neighbour

Same rule as putting up a boundary fence: talk to your neighbour first. Most tree disputes are sorted over the fence, not at a tribunal.

Building Near a Neighbour's Tree

If there's a big tree on or near the boundary, sort it out before the excavator arrives. Get an arborist to set a tree protection zone under AS 4970 (Protection of trees on development sites), so everyone knows where not to dig, park or stockpile. Photograph the tree and your neighbour's fence before work starts, and agree any access onto their land in writing. If roots have to be cut for footings, the arborist should tell you how much can go without killing the tree or making it unstable.

The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 sets out the rights and responsibilities of Queensland property owners when it comes to trees. The main points:

  • Overhanging Branches: If branches overhang by more than 50 cm and are 2.5 m or less above the ground, you can give written notice and, if nothing happens within the notice period, cut them back to the boundary and recover reasonable costs up to $300. Higher branches go to QCAT.
  • Fruit Belongs to the Tree Owner: All fruit produced by the tree belongs to the owner of the tree, even if the branches overhang into a neighbour’s property.
  • Liability for Damage: If a tree on your property causes damage to a neighbour’s property, you may be liable for the costs of repairs.
  • Dispute Resolution: If talking doesn't work, try free mediation through the Dispute Resolution Centre, then apply to QCAT for a tree order.

For more detailed information, you can refer to the full text of the Act here.

For more on ground movement, settlement and protecting your foundations, see the posts below.

Further Reading

Gutters & Grading: Essential for Foundation ProtectionEffective drainage is vital for foundation health. This article explores how proper grading and gutter maintenance can prevent structural damage, highlighting the importance of water flow management and soil stability around your home.Understanding Concrete Cracks: Foundation InsightsConcrete cracking is a common issue, often due to shrinkage, structural movement, and environmental factors. While minor cracks are normal, larger ones may signal serious foundation problems.Safeguarding Foundations: Key Prevention TipsLearn how to protect your home’s foundation from costly damage. This guide reveals the common culprits like AC overflow and tree roots, and offers practical tips to prevent foundation issues.