It’s one of those classic Australian backyard dilemmas. You love trees — who doesn’t? — but when the one hanging over your fence is dropping branches on your trampoline, blocking every last bit of afternoon sun, or sending roots straight through your paving, “lovely established tree” can start to feel a lot more like “constant headache.”
If you’re dealing with an oversized tree on your neighbour’s property, you’re definitely not alone, and the good news is there’s a fairly clear path for sorting it out — one that doesn’t have to involve an awkward fence-line confrontation or a call to a lawyer straight off the bat.
First Things First: What Are Your Actual Rights?
In Western Australia, the general legal position is that a tree belongs to the landowner it’s growing on, even if its branches or roots cross into your yard. That said, you do have some rights when it comes to encroaching branches and roots.
As a general rule:
- You’re allowed to trim overhanging branches back to your boundary line, provided you don’t access your neighbour’s property without permission and you don’t damage the health of the tree unnecessarily.
- Anything you cut back technically belongs to your neighbour, so it’s good practice (and just polite) to offer it back to them or check whether they’d like it disposed of on your side.
- You’re generally responsible for the cost of any trimming you do yourself, unless a formal dispute process determines otherwise.
- If a tree is causing, or is likely to cause, serious damage — think structural damage to your home, blocked drains from invasive roots, or a genuinely hazardous limb — you may have grounds to request your neighbour take action, and in more serious cases, escalate through your local council or the Magistrates Court.
It’s worth noting that trimming branches yourself doesn’t give you the right to go overboard. Councils and courts don’t look kindly on “lopping” that damages a tree’s health or appearance, and if the tree is a protected species, you could find yourself the one facing a fine, not your neighbour.
Step 1: Have a Conversation First
We know, we know — easier said than done sometimes. But the vast majority of tree disputes between neighbours get resolved with nothing more than a friendly chat and a written follow-up (even just a text or email) confirming what was agreed.
A few tips that tend to help:
- Approach the conversation assuming your neighbour probably hasn’t noticed the issue from your side of the fence
- Be specific about the actual problem — is it overhanging branches, leaf litter, blocked light, root damage, or a genuine safety concern?
- Suggest a practical solution, like a professional prune to reduce the tree’s size or clear it away from your roofline
- Offer to go halves on the cost if the tree is genuinely shared or if you’re asking for more than routine boundary trimming
Most people are pretty reasonable once they understand there’s an actual issue, rather than just a general dislike of trees.
Step 2: Get a Professional Opinion
Before things escalate, it’s worth bringing in a qualified arborist — like our team here at AB Trees — to assess the tree properly. This does two things. First, it gives you an expert, unbiased opinion on whether the tree genuinely poses a safety risk, is causing structural or root damage, or is simply larger than you’d like. Second, it gives you (and your neighbour) something concrete to work from, rather than two people arguing over how big “too big” really is.
An arborist report can outline:
- The species, age, health, and structural condition of the tree
- Whether any branches are dead, damaged, or at genuine risk of falling
- Whether root growth is likely to be affecting nearby structures, pipes, or paving
- Recommended action, whether that’s crown reduction, selective pruning, cabling, or in more serious cases, removal
Having this kind of documentation on hand makes conversations with neighbours far less emotional, and it’s essential if the dispute ever needs to go further.
Step 3: Know When (and How) To Involve Your Local Council
If a friendly conversation doesn’t get you anywhere, your local council is usually the next port of call. Most WA councils have a local law or policy covering trees and fences, and many offer a mediation service specifically designed to help neighbours resolve exactly this kind of dispute without heading to court.
Councils can also advise you on:
- Whether the tree in question is subject to any tree preservation or significant tree protections
- Whether a permit is required before any pruning or removal can occur
- The process for lodging a formal complaint if the tree is a genuine safety hazard
Keep in mind that if the tree is protected under a local planning scheme or is a significant or heritage-listed tree, your neighbour may not be able to remove or heavily prune it even if they wanted to — which is all the more reason to explore alternatives like reduction pruning first.
Step 4: The Magistrates Court (As a Last Resort)
If mediation doesn’t resolve things and the tree is genuinely causing damage or poses a real risk, the Magistrates Court of Western Australia can hear disputes relating to trees under the Property Law Act. The court can order things like pruning, removal, or compensation for damage already caused. This route tends to be the least popular option for everyone involved — it takes time, costs money, and doesn’t do much for neighbourly relations — so it’s best treated as a genuine last resort rather than a first move.
What If the Tree Isn’t Actually a Problem, Just… Big?
Here’s the thing: not every large tree next door needs to come down, or even be trimmed. A big, healthy, well-placed tree offers shade, privacy, habitat for local wildlife, and genuine value to a neighbourhood. If the issue is more “I’d prefer more sun in my garden” than an actual safety or structural concern, it’s worth weighing up whether a modest, professional crown thin or reduction might solve the problem without anyone needing to lose a beautiful established tree.
How AB Trees Can Help
Whether you need an independent arborist report to bring to a conversation with your neighbour, a professional prune to bring an overhanging tree back within your boundary, or advice on whether a tree’s root system is genuinely putting your property at risk, our team at AB Trees is here to help take the guesswork (and the awkwardness) out of the situation.
We service properties right across Perth and can provide clear, honest assessments — including photographic reports where needed — that make it easier to reach a fair outcome with your neighbour, without the drama.
Give us a call or request a free quote today, and we’ll help you get on top of that oversized tree next door, the right way.
A Few Final Things to Keep in Mind
Before you pick up the phone to your neighbour, or worse, a lawyer, it’s worth remembering that tree disputes are one of the most common issues neighbours face — and also one of the most solvable, provided both sides approach it calmly. A little documentation goes a long way: take dated photos of any damage, overhanging branches, or safety concerns as they arise, and keep a simple record of any conversations you have. If things do progress to mediation or a formal complaint, this kind of evidence makes the process far smoother.
It also helps to remember that trees change over time. A tree that was perfectly reasonable when it was planted twenty years ago may now be genuinely oversized for a smaller suburban block, particularly as Perth’s blocks continue to shrink with infill development. That’s not necessarily anyone’s fault — it’s simply a case for a professional reassessment, not a reason to point fingers.
Finally, if safety is ever an immediate concern — say, a large dead limb hanging directly over a shared fence line, or visible cracking at the base of the trunk — don’t wait on the neighbourly conversation to play out. Get in touch with a qualified arborist straight away for an urgent assessment. Some issues genuinely can’t wait for correspondence to be exchanged, and it’s always better to be safe than sorry when it comes to falling limbs.
