Frequently Asked Questions
Q: My neighbour's tree branches are hanging over my property. Am I allowed to cut the branches hanging over my property and who pays for the branches to be cut?
Yes. You are entitled to cut the branches off the tree that are encroaching on your property.
However, you need to be careful that when cutting the branches you don't make the tree unstable, or damage or kill the tree. If you need to get a tree surgeon to cut the branches then it's worthwhile talking to your neighbour first and showing them the problem with the tree. You can then ask them to contribute to the cost of getting the branches cut.
If you are unable to reach an agreement with your neighbour concerning who pays for the tree branches to be cut then it may be worthwhile attending a mediation at the Dispute Settlement Centre of Victoria. If no agreement is reached at the mediation then you should seek legal advice about obtaining a tree order from the Magistrates' Court.