My Neighbour’s Tree Is Damaging My Property — What Can I Do?

Trees are one of the great joys of suburban living. They provide shade, privacy, birdsong, and beauty. But when a tree belonging to your neighbour starts dropping branches onto your roof, lifting your driveway with its roots, or dumping leaf litter into your gutters every week, that same tree can quickly become one of the most frustrating disputes in the neighbourhood.

If you’re a Perth homeowner dealing with this situation right now, you’re not alone. Overhanging branches and encroaching roots are among the most common property disputes in Western Australia, and knowing your rights — and your options — can make all the difference. This guide walks you through exactly what you can do, step by step.

First, Understand Who Is Responsible for What

In Western Australia, the general legal principle is straightforward: a tree belongs to whoever owns the land it is planted on. So if the trunk of the tree is on your neighbour’s property, the tree is theirs. However, ownership of a tree does not automatically mean your neighbour is liable for every bit of damage that tree causes — and that’s where things get complicated.

Under common law, a property owner has what is known as the “right to abate a nuisance.” This means you have the legal right to cut back overhanging branches or encroaching roots to the boundary line of your own property — at your own cost, and without causing unnecessary harm to the tree. You cannot, however, go onto your neighbour’s property to do this without their permission.

Importantly, if a tree branch falls on your car or your fence during a storm, and your neighbour had no prior knowledge that the branch was dead or dangerous, they may not be held legally liable. But if you had previously notified your neighbour in writing that a branch was diseased, leaning dangerously, or posed a clear risk, and they failed to act, the legal picture changes significantly.

The key takeaway: document everything, and communicate early.

What Counts as “Damage” From a Neighbor’s Tree?

Not all tree-related inconveniences are equal in the eyes of the law. It’s worth understanding the difference between genuine property damage and general nuisance, as this affects what action you can reasonably take.

Physical damage that warrants action includes:

• Roots lifting or cracking concrete driveways, paths, or paving
• Roots penetrating or blocking stormwater pipes, sewerage lines, or irrigation systems
• Branches falling onto your roof, pergola, shed, fence, or vehicles
• Trees leaning dangerously toward your home due to disease, storm damage, or poor structural integrity
• Overhanging limbs causing ongoing guttering damage due to leaf buildup and moisture

Things that are generally considered nuisances but rarely give legal grounds for action:

• Leaf litter falling into your yard
• Fruit or seed pods dropping onto your lawn
• Shade reducing sunlight to your garden
• Sap, pollen, or debris landing on your car

If you are experiencing genuine structural or financial damage, you have stronger grounds for action. If it is more a matter of inconvenience, the best path forward is usually a polite conversation with your neighbor.

Step One: Talk to Your Neighbor

It sounds obvious, but many property disputes escalate unnecessarily because one party never simply knocked on the door. Your neighbor may have no idea their tree is causing you problems. A calm, friendly conversation — or a politely worded letter — is almost always the best first step.

When approaching your neighbor, be specific and factual. Show them photographs of the damage if you can. Explain what you would like to happen: perhaps the overhanging branches trimmed back, or the tree removed entirely if it’s dead or dangerous. Most reasonable neighbors will be cooperative, especially if the damage is clear and documented.

If you do reach an agreement, make sure it is in writing. A quick email exchange confirming what was agreed, by whom, and by when, is far more valuable than a handshake if things go wrong later.

Step Two: Document the Damage Thoroughly

Whether or not your neighbour is cooperative, thorough documentation is essential. Before any pruning or repairs take place, take dated photographs of:

• The tree itself, including any dead branches, visible disease, or lean
• The specific damage to your property — cracked paving, damaged guttering, and fence damage
• The boundary line relative to where the branches or roots are encroaching

If you’ve had a professional assess the tree, keep a copy of any written reports or quotes. If you repair the damage, keep all invoices. This paper trail will be invaluable if the matter ever proceeds to formal dispute resolution or legal action.

Step Three: Know Your Right to Trim Overhanging Branches

If your neighbour’s branches overhang your property, you have a legal right under common law to prune them back to the property boundary — provided you give your neighbour reasonable notice, you do not trespass onto their property to do so, and you take care not to kill or unnecessarily damage the tree.

Here is what many Perth homeowners get wrong: you cannot simply hack the branches back to a stub. Improper pruning can kill a tree, and if the tree is on your neighbour’s property and dies as a result of your actions, you could find yourself liable for the loss of their tree. This is exactly why calling in a certified arborist is so important.

At AB Trees, our qualified arborists know how to trim branches correctly — removing them to a natural union point rather than leaving stubs, which protects the health of the tree while eliminating the hazard or encroachment on your side of the fence. Our no-mess, no-damage policy means you can trust that the job will be done properly and that we’ll leave your property looking spotless afterwards.

When you trim overhanging branches, the cut material technically still belongs to your neighbour. In practice, most people simply dispose of it themselves, but it is worth being aware of.

Step Four: What If the Tree Is a Genuine Safety Hazard?

If the tree is dead, structurally compromised, leaning badly, or showing signs of disease, and you genuinely believe it poses an immediate danger to your property or safety, you need to act more urgently.

In this case:

1. Contact your neighbor immediately — in writing — stating your concern and the specific risk you have identified.
2. Get a professional arborist assessment. An experienced arborist can provide a written report confirming whether a tree is hazardous. This document carries significant weight if the matter proceeds further.
3. Contact your local council. In Perth, local councils have the authority to require a property owner to deal with a tree that poses a safety risk. If your neighbor is unresponsive, a formal complaint to the council can prompt action. Council rangers can issue orders requiring trees to be pruned or removed.
4. Contact your home insurer. If you have suffered property damage or you believe imminent damage is likely, notify your insurer. They may be able to act on your behalf, and they will want to be across the situation for any future claim.
5. Seek legal advice if necessary. If all else fails and the hazard is serious, a solicitor can advise you on further remedies, including potential civil action.

Step Five: Getting the Right Tree Service Involved

Whether it is overhanging branches that need trimming, a dangerous dead tree next door, or encroaching roots that have cracked your driveway, the worst thing you can do is reach for a chainsaw yourself. Tree work — especially near fences, structures, and power lines — is genuinely dangerous and requires both the right equipment and the right expertise.

At AB Trees, we are one of Perth’s most trusted and experienced tree services. Our entire team is either fully qualified or in the process of becoming qualified arborists, and even our ground crew hold tickets in chainsaw and chipper operations. We are fully insured, and we carry out every job with our strict no-mess, no-damage policy.

We handle everything from precision branch pruning and crown reduction to full tree removal — including large and difficult trees requiring crane or cherry picker access. We also offer stump grinding once a tree comes down, so there is truly no trace left behind.

If you are dealing with a neighbour’s tree that is encroaching on your property, we can help in several ways:

• Assess the situation and provide a written professional opinion on whether a tree is hazardous or in need of attention.
• Carry out precise pruning of overhanging branches back to the boundary line, done correctly so the tree remains healthy.
• Liaise professionally — sometimes having a certified arborist speak with your neighbour directly, in plain language, can move things along far more efficiently than a dispute between homeowners.
• Remove a tree if your neighbour agrees it needs to go, with full cleanup and stump grinding included.

A Word on Council Regulations in Perth

Before any significant tree work takes place — even on your own property — it is always worth checking with your local council. Some trees in Perth are subject to local heritage listings, environmental protections, or development conditions that restrict pruning or removal. Your neighbour’s tree may fall into one of these categories, which could affect what you or they are legally permitted to do.

Your local council’s planning or environmental services team can advise on this quickly, and a reputable arborist like AB Trees will always check these requirements before commencing work.

Summary: Your Action Plan

Dealing with a neighbour’s tree that is damaging your property does not have to turn into a drawn-out battle. In most cases, a clear head, good documentation, and a professional arborist on your side will resolve things efficiently.

Here is a quick recap of your action plan:

1. Talk to your neighbour calmly and document the conversation.
2. Photograph and record all damage thoroughly.
3. Know your right to prune branches back to the boundary — but do it properly.
4. Call a certified arborist to assess any tree you believe is hazardous.
5. Contact your local council if your neighbour is unresponsive to a legitimate safety concern.
6. Notify your home insurer of any existing or potential property damage.
7. Seek legal advice if the matter escalates.

Need Help With a Neighbouring Tree in Perth?

If you are dealing with overhanging branches, encroaching roots, or a tree next door that is causing damage or raising safety concerns, the team at AB Trees is here to help. We provide honest, professional advice, free no-obligation quotes, and a service you can trust.

Call Ben on 0424 150 899 or get in touch through our website at abtrees.com.au to book your free assessment today. We service the entire Perth metropolitan area, north and south of the river, and no job is too big or too small.