• Home
  • Get Help
    • Make a Will
    • Enduring Powers of Attorney
    • Enduring Powers of Guardianship
    • Divorce
    • Interaction between Family Law and Succession Law
    • Children's Matters
    • Property Matters
    • Property Orders
    • Applying for a Family Violence Restraining Order (FVRO)
    • Applying for a Violence Restraining Order (VRO)
    • Differences between FVRO and VRO
    • Apply for Probate
    • Duties of an Executor
    • Letters of Administration
    • Dividing Fences
    • Overhanging Branches
    • Consumer Issues
    • Disputes with your Employer
    • Claim Criminal Injuries Compensation
    • Issues with Dogs
    • Issues with Cats
    • Useful Contacts
    • Privacy
  • Legal Advice
    • Preparing for your Appointment
    • Legal Document Fees
    • Payment and Cancellations
    • Community Legal Centres in WA
  • Mediation
    • Family and Child Mediation
    • Community Mediation
    • Commercial Mediation
  • Shop
  • Volunteer
  • About Us
    • Our Services
    • Branches
    • Board and Staff
    • Publications
    • Privacy Policy
    • Feedback
    • Terms of Use
    • Our Partners
    • Branch Login
      • Honoraria
  • Contact
Citizens Advice Bureau

Page translation

English English
en Englishaf Afrikaanssq Albanianar Arabichy Armenianaz Azerbaijanibe Belarusianbg Bulgarianca Catalanzh-CN Chinese (Simplified)zh-TW Chinese (Traditional)hr Croatiancs Czechda Danishnl Dutchet Estoniantl Filipinofi Finnishfr Frenchgl Galicianka Georgiande Germanel Greekht Haitian Creoleiw Hebrewhi Hindihu Hungarianis Icelandicid Indonesianit Italianja Japaneseko Koreanlv Latvianlt Lithuanianmk Macedonianms Malaymt Malteseno Norwegianps Pashtofa Persianpl Polishpt Portuguesero Romanianru Russiansr Serbiansk Slovaksl Slovenianes Spanishsw Swahilisv Swedishta Tamilte Teluguth Thaitr Turkishuk Ukrainianur Urduvi Vietnamesecy Welsh

Provided by Google. The Citizens Advice Bureau does not accept responsibility for any inaccuracies in the translation.


The Citizens Advice Bureau of WA acknowledges the traditional custodians of this incredible land on which our offices are located.
We pay our respects to elders past, present and emerging, and hope for a future that is kind, fair and has meaningful reconciliation.

  • Home
  • Get Help
    • Make a Will
    • Enduring Powers of Attorney
    • Enduring Powers of Guardianship
    • Divorce
    • Interaction between Family Law and Succession Law
    • Children's Matters
    • Property Matters
    • Property Orders
    • Applying for a Family Violence Restraining Order (FVRO)
    • Applying for a Violence Restraining Order (VRO)
    • Differences between FVRO and VRO
    • Apply for Probate
    • Duties of an Executor
    • Letters of Administration
    • Dividing Fences
    • Overhanging Branches
    • Consumer Issues
    • Disputes with your Employer
    • Claim Criminal Injuries Compensation
    • Issues with Dogs
    • Issues with Cats
    • Useful Contacts
    • Privacy
  • Legal Advice
    • Preparing for your Appointment
    • Legal Document Fees
    • Payment and Cancellations
    • Community Legal Centres in WA
  • Mediation
    • Family and Child Mediation
    • Community Mediation
    • Commercial Mediation
  • Shop
  • Volunteer
  • About Us
    • Our Services
    • Branches
    • Board and Staff
    • Publications
    • Privacy Policy
    • Feedback
    • Terms of Use
    • Our Partners
    • Branch Login
  • Contact
  • Home  
  • Get Help  
  • Overhanging Branches

Overhanging Branches

Overhanging Branches

Overhanging branches can cause conflict between neighbours and it's important to know what your rights are before you take any action or make a complaint. 

[Click here for printer version]

Frequently Asked Questions

My neighbour’s tree has branches that are overhanging or roots that are encroaching onto my property. What can I do to try to resolve the problem?
It’s important to try to maintain good relationships with your neighbours, so it’s always best to first talk to them about any problems you might have with the trees they’re growing. You can even write a letter setting out the problem and how you’d like to resolve it. You can also consult your local council and see if they can intervene.

How can my local council help me with problems about overhanging branches or encroaching roots?
The Local Government Act 1995 (WA) gives councils the power to take action against property owners in the area whose trees are unsafe to nearby people or property. To get local council intervention, you need an arborist to provide a written report saying the tree is structurally unsound or potentially dangerous. If your local council finds from the report that the tree endangers neighbouring people or property and needs to be made safe, they can issue your neighbour with a notice to fix the problem.

It’s advisable to contact your council before taking any action, as individual councils have their own procedures to be followed before they become involved. It’s also a good idea to talk to a lawyer.

Can I cut branches or roots that are encroaching onto my property?
You’re legally entitled to cut and remove any tree branches or roots that encroach over the boundary of your neighbour’s land and into your land, up to the point of where your property ends. If you cut anything on your neighbour’s property, you are liable for that as property damage.

By law, you don’t have to give notice to your neighbour before taking this action. However, it’s advisable to talk to them and let them know what you're intending to do anyway. Your local council may also have tree preservation laws in place for certain kinds of trees and you should check with them before doing anything.

What should I do with any cuttings I make?
The owner of the tree that any cuttings come from is considered the owner of those cuttings. This means that any parts of your neighbour’s tree you remove need to be returned to them. You should return the cuttings in a way that doesn’t damage the neighbour’s property or cause litter, otherwise you are liable for that.

My neighbour’s tree branches or roots are causing damage to my property. What can I do?
If overhanging branches or encroaching roots have damaged your property, you should write a letter to your neighbour that sets out:

  • the specific damage their tree’s branches or roots have caused to your property;
  • several quotes for the cost of repairing the damage;
  • a request for your neighbour to pay for those costs and how they’ll do that; and
  • a request that they fix the problem removing parts of the tree if needed.

You should send your neighbour a copy of the letter and keep a copy yourself. Your neighbour has a legal obligation to respond to the letter within 21 days and fix the problem.

My neighbour and I can’t reach an agreement. What can I do next?
If talking to your neighbour or writing them a letter doesn’t work, mediation is a good option. CAB offer a low-cost Community Mediation service where the parties can sit down together and, guided by a trained mediator, negotiate a practical and fair solution to their problem. It’s an alternative way of resolving your issue while still maintaining a good relationship with your neighbour. If mediation doesn’t work, you can start legal proceedings by going to the Magistrates Court and filling in the relevant forms. It’s a good idea to get legal advice before you do any of this.

I don’t know my neighbour’s name. How can I find this out?
Before you can make a neighbour dispute appointment with CAB, we’ll need to know your neighbour’s full name. If you don’t know their name, there are a few ways you can find it:

  • if the property is rented or leased, ask the tenant, real estate agent, or property manager;
  • do a land title search through Landgate (note that this incurs a fee); or
  • contact your local council or shire – subject to you proving ownership of your property, they may provide you with your neighbour’s name.

Next Steps

The online Local Government Directory shows how to contact your local government.

Mission

To connect people with information and services so they can make independent and informed decisions.

Informing Western Australia since 1963
  • Home
  • Get Help
    • Make a Will
    • Enduring Powers of Attorney
    • Enduring Powers of Guardianship
    • Divorce
    • Interaction between Family Law and Succession Law
    • Children's Matters
    • Property Matters
    • Property Orders
    • Applying for a Family Violence Restraining Order (FVRO)
    • Applying for a Violence Restraining Order (VRO)
    • Differences between FVRO and VRO
    • Apply for Probate
    • Duties of an Executor
    • Letters of Administration
    • Dividing Fences
    • Overhanging Branches
    • Consumer Issues
    • Disputes with your Employer
    • Claim Criminal Injuries Compensation
    • Issues with Dogs
    • Issues with Cats
    • Useful Contacts
    • Privacy
  • Legal Advice
    • Preparing for your Appointment
    • Legal Document Fees
    • Payment and Cancellations
    • Community Legal Centres in WA
  • Mediation
    • Family and Child Mediation
    • Community Mediation
    • Commercial Mediation
  • Shop
  • Volunteer
  • About Us
    • Our Services
    • Branches
    • Board and Staff
    • Publications
    • Privacy Policy
    • Feedback
    • Terms of Use
    • Our Partners
    • Branch Login
  • Contact
Recognised Mediator Accreditation Body to 2021 Citizens Advice Bureau Registered Charity
National Association of Community Legal Centres
^Top

Disclaimer for our website: This website is presented by the Citizens Advice Bureau (CAB) for the purpose of disseminating information free of charge for the benefit of the public. CAB monitors the quality of the information available on this website and updates the information regularly. However, CAB does not guarantee, and accepts no legal liability whatsoever arising from, or connected to, the accuracy, reliability, currency or completeness of any material contained on this website or on any linked site. CAB recommends that users exercise their own skill and care with respect to their use of this website and that users carefully evaluate the accuracy, currency, completeness and relevance of the material on the website for their purposes. This website is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

Copyright © 2021 All Rights Reserved