Neighbour's tree overhanging your yard in Queensland: what you can do
In Queensland you can cut a neighbour's overhanging branches and roots back to your boundary yourself, unless a council protection order covers the tree. If branches overhang more than 50 cm and sit under 2.5 m, a Form 3 notice gives your neighbour at least 30 days to remove them. For higher branches, you can cut them back to the boundary yourself or apply to QCAT.
Updated October 2026 by 
Steven Piper
Who is responsible for a neighbour's tree?
The tree-keeper is responsible, and in most cases that's the registered owner of the land the tree grows on. It can also be an organisation or a body corporate. If you don't know who owns the land, you can find out through the Queensland land title register. The rules come from the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.
Can you cut overhanging branches yourself?
Yes. Under the common law right of abatement, you can cut overhanging branches and roots back to your boundary line. You don't have to return the cuttings, branches or fruit to your neighbour, though you can if you want to.
Check first that the tree isn't covered by a council protection order. In Brisbane, a protected tree may need a permit even for pruning, and the owner generally has to sign or consent to the application. On the Gold Coast, assessable vegetation needs approval to prune unless an exemption applies. See our Brisbane and Gold Coast guides.
How does a Form 3 notice work?
A Form 3, Notice for removal of particular overhanging branches, makes your neighbour deal with low overhanging branches or pay toward the cost. Talk to your neighbour first. If that doesn't work, you can use the notice when the branches overhang more than 50 cm, are less than 2.5 m above the ground, and the tree isn't covered by a vegetation protection order.
- Get at least one written quote for removing the branches.
- Fill in the Form 3 notice. It must give a date for the work at least 30 days after your neighbour receives it.
- Ask your neighbour to give you at least 1 day's written notice of who will do the work and when.
- Give your neighbour, or their contractor, permission to enter your land on the agreed day between 8am and 5pm.
- Attach the written quote and a copy of part 4 of the Act, then give the notice to your neighbour.
- If the branches aren't removed by the date, you can remove them yourself or have a contractor do it at your neighbour's expense, up to $300 a year.
Need a written quote for your Form 3? Use the form on this page to get 2 quotes from local tree services.
What if the branches are higher than 2.5 m?
You can't use a Form 3 for branches more than 2.5 m above the ground. Where higher branches overhang by at least 50 cm, you can apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order instead. You can still cut them back to the boundary yourself, at your own cost, if no protection order applies.
When can QCAT order work on a neighbour's tree?
QCAT can step in when the tree is affecting your land. That means in the next 12 months it's likely to seriously injure someone on your land, seriously damage your land or property, or unreasonably interfere with your use and enjoyment of it. Unreasonable interference can include a tree that:
- interferes with TV or satellite reception, or with solar panels
- severely blocks sunlight to a window or the roof of your house, if the tree is at least 2.5 m high
- drops a substantial and ongoing amount of litter into your yard
- blocks a view from your house that existed when you took possession of the land, if the tree is at least 2.5 m high
Normal leaf, flower and fruit drop usually isn't enough. For views, the Act only protects a view from a dwelling on your land that existed when you took possession of the land.
QCAT can order annual maintenance, a survey to work out who owns the tree, entry to get quotes or do the work, an arborist's report, compensation or repairs, or removal of the tree. A neighbour who ignores an order without a reasonable excuse faces a maximum penalty of 1,000 penalty units under the Act, which is well over $100,000. QCAT is meant to be a last resort, after talking it through.
Questions people ask
Can I make my neighbour cut down their tree in Queensland?
Only through QCAT. If you can't agree, QCAT can order the tree removed when it's likely to seriously injure someone, seriously damage your property or unreasonably interfere with your use of your land. Ordinary leaf drop usually isn't enough.
Who pays to cut overhanging branches in QLD?
If you cut them back to the boundary yourself, you pay. If you use a Form 3 notice for branches under 2.5 m that overhang more than 50 cm and your neighbour doesn't act, you can have them removed at your neighbour's expense, up to $300 a year.
Do I have to give the cut branches back to my neighbour?
No. You can return branches, roots or fruit you've trimmed from your neighbour's tree, or dispose of them yourself. The choice is yours.
Can I cut my neighbour's tree roots in Queensland?
Yes, back to your boundary line, under the same right of abatement that covers branches. Take care not to kill or destabilise the tree, and check whether a council protection order covers it before you start.
Sources
- Queensland Government: what to do if a neighbour's tree is affecting you
- QCAT: overhanging branch disputes
- Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
General information only, not legal advice. Council rules change, so confirm with your council before work starts.