Trees on Neighbouring Land

The issue of trees overhanging boundaries is probably something we can all relate to. Is it their responsibility or yours? And are there specific laws that relate to the tree in question? There can be heavy fines for unauthorised removal or destruction of publicly owned trees and for trees protected by planning schemes or local laws.

We can advise you about planning and local laws and assist you in resolving your concerns without getting yourself in trouble.

Court

Litigation is costly and stressful, and all avenues to resolve disputes without going to court should be explored.

If a dispute between neighbours about an overhanging tree gets to court, the court will consider a number of issues, including:

• The neighbourhood’s general environment
• How long the issue has been ongoing
• The impact on you and your property
• What reasonable people would think of the interference

If you have any issues with overhanging trees and think you need to speak to a lawyer, please contact our Melbourne City office on 8595 9580 or Mornington office on 9575 2000.