Planting trees in the backyard is a way of life in Brisbane. But the moment a branch reaches over the fence or a root cracks your neighbour’s pipes, things can get tense. Queensland has a law made for exactly these situations: the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (the “Act”). Here’s how it works, in plain English.
This is general information, not legal advice for your specific situation. For an actual dispute, talk to a lawyer or the relevant government body.
1. “Tree” means a lot more than you’d think
It isn’t just the big ones with a trunk and a canopy. Shrubs, vines, bamboo, banana plants, palms, cactus — even a stump or a dead tree — all count as a “tree” under the Act.
2. Who’s the “tree-keeper”?
The tree-keeper is usually the registered owner of the land the tree is on, based on where the tree is “wholly or mainly” situated. The key principle: whoever’s land the tree grows on is responsible for the whole tree — the branches above ground and the roots below. Crossing the boundary doesn’t shift that responsibility onto the neighbour.
3. What the tree-keeper has to do (section 52)
1. Cut back and remove branches that overhang the neighbour’s land (unless the tree is protected); and
2. Make sure that, within the next 12 months, the tree isn’t likely to cause serious injury to anyone, serious damage to the neighbour’s land or property, or substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of their land.
4. The neighbour has three options
1.Self-help (the common law “right of abatement”). You can cut back branches overhanging your place and roots growing into it — but only as far as the boundary, no reaching over, and at your own cost. Get an arborist’s view before cutting major roots; destabilise the tree and you could be the one facing a damage claim.
2.A formal written notice (Form 3) — and you can claim the cost back. The bar here is strict. The branch must overhang by more than 50 cm, sit 2.5 m or less above the ground, and the tree must not be protected. You give the tree-keeper at least 30 days to act; if they don’t, you can arrange the cutting yourself (still only from your own side) and recover the cost from them — up to $300 a year. If they won’t pay, you can pursue it through QCAT.
3.Apply to QCAT. This is for the bigger stuff — branches too high to reach, root damage, safety risks, or an uncooperative neighbour. In any decision, QCAT’s first consideration is people’s safety. It will avoid ordering the removal of a living tree where it can, and it can order pruning, removal, or compensation — and you can still claim for damage already done even if the tree is later removed, as long as the tree-keeper hasn’t sold the land.
5.Before you touch anything, check whether the tree is protected
Brisbane City Council manages trees under its Natural Assets Local Law 2003 (NALL). You can’t just prune or remove protected vegetation — even on your own property — and the formal notice process doesn’t apply to it either. Check first by calling the Council on 07 3403 8888 or lodging a “Protected Vegetation Enquiry.” Get it wrong and you’re looking at a hefty fine.
6. Easy traps to avoid
1.You can’t enter your neighbour’s land without permission, even to trim an overhanging branch. The formal process requires written notice and consent first.
2.You can’t just chop down your neighbour’s tree. You have to use the written-notice route or apply to QCAT.
3.Mind the insurance. Make sure any tree company you hire is properly insured, and think about your own public liability cover before letting anyone onto your land.
7. Got a towering tree? A few extra things to watch
1.High branches (above 2.5 m) fall outside the Form 3 notice process, so the affected neighbour has to go straight to QCAT.
2.Falling trees and dropping limbs. Beyond the Act, if you knew or should have known a tree was dangerous — a split trunk, a lean, a dead limb — and it comes down and hurts someone or wrecks property, you could be liable in common law negligence. With Queensland’s storm season, it’s smart to have an arborist inspect large trees regularly and clear dead wood.
3.Big root systems can lift foundations, driveways and retaining walls and block pipes. Get advice before cutting major roots, and know that damage can be pursued through QCAT.
4.Removing a large tree usually needs Council approval. Mature trees, established natives, and vegetation in waterway corridors or overlay areas are more likely to be protected; removing one without a permit can be an offence carrying fines into the tens of thousands. You can generally act first only if the tree is an immediate danger or already dead — and even then you’ll usually need to lodge photos, and sometimes an arborist’s report, within about 10 business days.
5.Near powerlines, clearing the private line past your first connection point is your responsibility — but never do it yourself. Only a licensed arborist trained for powerline work may go near live wires. If a tree is touching a powerline, stay back at least 10 m; if a line comes down, keep clear and call 000.
8. How to handle a dispute
Talk first → if that fails, try free mediation through a Dispute Resolution Centre → and only then serve a Form 3 notice or apply to QCAT. Queensland law leans towards sorting things out first: you’re generally expected to have tried to resolve it yourself before QCAT will step in.
The bottom line
In a sentence: whoever’s land a tree grows on is responsible for the whole thing — branches, trunk and roots. An affected neighbour can trim back to the boundary, serve a formal notice, or apply to QCAT — but always check for protection orders first, never step onto your neighbour’s land uninvited, and never take a tree down yourself. Large trees add a further layer — safety liability, removal permits, and powerline risk — so tread carefully. And for the vast majority of disputes, the best fix is still a quiet chat over the fence.
Key law and official resources
Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld)
Queensland Government (qld.gov.au) — tree-keeper responsibilities;
QCAT (qcat.qld.gov.au) — tree dispute applications
Protected Vegetation Enquiry
Energex / Electrical Safety Office — trees and powerlines
Current as at July 2026. Provisions and dollar figures can change; for a specific matter, rely on the current law and professional advice.
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This article is general information only and does not constitute legal advice under Australian law. For advice specific to your situation, please contact W & G Lawyers. For further details, please click here to view our disclaimer.