Neighbour Tree Disputes: Branches, Roots and the Boundary
Overhanging branches, lifting roots and a leaning tree right on the fence line are some of the most common reasons people call us. Here's how it works in WA - and how to sort it without falling out with the neighbours.
This is general information, not legal advice. For a binding ruling on a specific dispute, talk to your local council or a legal professional.
The general rule on overhanging branches
In Western Australia, you can usually prune branches (and roots) that cross onto your property back to the boundary line, at your own expense. A few important catches:
- You can't trespass onto your neighbour's land to do it.
- You can't cut in a way that damages or kills the tree.
- The prunings technically belong to the tree's owner - so offer them back rather than tossing them over the fence.
- If the tree is council-protected or significant, those rights may not apply - check first. See our guide on whether you can cut down a tree in Perth.
Roots are trickier
Roots lifting your paving or threatening pipes can be cut back to the boundary in principle, but cutting major structural roots can destabilise the tree - which puts the liability on you if it then fails. This is one to get an arborist's eye on before you start digging.
When the tree is dangerous
If your neighbour's tree is obviously dead or hazardous, raise it in writing and keep a copy. If it later fails, the question becomes whether the owner knew and did nothing. Photos and dated messages protect you either way.
The approach that actually works
Nine times out of ten the fastest fix is a conversation: agree on the work, share the cost if it suits both of you, and bring in one tree service to do the whole job properly. We're happy to quote work on a boundary tree and talk both households through the options.
Get an independent quote
San's Tree Service handles boundary pruning and removals across Perth and can give you a clear, free quote to take to your neighbour. Call (08) 9560 6103 or get in touch.
Frequently asked questions
Can I cut my neighbour's tree branches that hang over my fence in Perth?
Generally in WA you can prune branches and roots back to the boundary line at your own cost, as long as the tree isn't protected and you don't damage or kill it. The cut material technically belongs to the tree owner. Always talk to your neighbour first.
Who is responsible if a neighbour's tree falls on my property?
It depends on whether the owner was negligent - for example, if the tree was obviously dead or dangerous and they did nothing. It's a question of liability and insurance, so document the tree's condition and raise concerns in writing early.
Do I need permission to prune an overhanging branch?
You don't usually need the neighbour's permission to prune back to the boundary, but you do need to check the tree isn't council-protected, and it's far better to discuss it first. If it's a significant tree, get advice before cutting.