Disputes relating to trees and gardens generally arise from problems caused by:
The general principle is that property owners have a common law right to enjoy their land without unreasonable interference from neighbouring trees and plants.
There is no legislation dealing directly with trees and neighbour disputes in Victoria. Local Council laws may exist in certain areas, but these tend to be focused on situations where trees cause a danger to public health. For example, council by-laws will generally relate to the height of branches overhanging a footpath.
Any rights associated with tree nuisance are generally linked to an individual’s rights as a private property owner.
You are generally entitled to cut back any overhanging branches, to the fence line, or pull up roots protruding onto your land from a neighbouring property. However you must not enter your neighbour’s property without permission.
Pruning must not kill the tree or unreasonably make the tree unstable, as the owner of the tree may be able to seek compensation for the damage caused.
Any costs associated with pruning a tree is the responsibility of the neighbour and not the owner of the tree. After the nuisance branches or roots are removed, they remain the property of the owner of the tree. These may be returned to the owner or disposed of by agreement between the affected property owners.
If the roots of a neighbouring tree are causing structural damage to buildings on your property, you can apply for a court order in the Magistrates Court. This may allow you to gain compensation for any damage caused to the buildings on your property.
It is important to remember that legal proceedings should always be a last resort. Before considering legal action, calmly discuss the situation with your neighbour, as a solution may be able to be reached.
The Dispute Settlement Centre offers a mediation service which may assist in resolving the dispute. The service is free and sessions are held across Victoria.
Generally trees on Crown land or nature strips cannot be cut back by the public. If an issue arises with a tree or plant on the nature strip or within parkland, the local council needs to be informed so that the problem can be addressed.
This website provides useful information about communicating with your neighbour to reach a lasting agreement in a dispute. It also provides helpul discussions around the pros and cons of taking your neighbour to court.
You may also find useful information here;
Other relevant sites include;