Can I Get an Arborist to Cut Down My Neighbour’s Tree?
Ah, the neighbour's tree.
Maybe it's hanging over your fence. Maybe the roots are making a mess of your garden. Maybe you're constantly sweeping leaves from the pool.
Or perhaps you've simply reached the point where you're looking at it thinking:
“Can I just get someone to come and cut this thing down?”
The short answer is: not without permission.
A tree growing on your neighbour's property generally belongs to the neighbour, so you can't simply arrange for an arborist to walk into their yard and remove it.
However, Queensland law does provide options when a neighbour's tree is genuinely affecting your property.
Here's what you need to know.
First Things First: Whose Tree Is It?
The first thing to establish is where the tree is actually growing.
If the trunk is on your neighbour's property, they're generally considered the tree-keeper under Queensland's neighbourhood tree laws.
That means you can't simply decide that the tree needs to come down and book a tree removal company yourself.
Even if the branches are hanging over your fence.
Even if you're sick of cleaning up the leaves.
Even if you've named the tree Kevin and you're officially over Kevin.
There are rules around what you can do.
What If the Branches Are Hanging Over My Property?
This is where things get a little more interesting.
Queensland law recognises a neighbour's right to deal with branches and roots that cross onto their property, known as the common law right of abatement.
However, this doesn't mean you can cut the entire tree down because it's annoying you.
Generally, you're dealing with the parts of the tree that actually extend onto your property.
There are also formal processes for dealing with certain overhanging branches.
For example, where particular conditions are met, a property owner can give their neighbour a written notice requesting that overhanging branches be removed.
Can I Just Hire Brien's to Do It?
You can't give an arborist permission to remove your neighbour's tree if you don't have the authority to do so.
If you and your neighbour agree that the tree needs work, that's a much simpler situation.
Your neighbour can engage Brien's Tree Solutions to assess or carry out the work, with the appropriate permission for access.
If the issue is a genuine neighbourhood dispute and you can't reach an agreement, there are formal avenues available, including QCAT in certain circumstances. QCAT can make orders relating to tree maintenance, pruning, reports and, in some cases, tree removal.
So before booking the chainsaw brigade, have a conversation with your neighbour first.
It could save everyone a lot of time, money and awkward fence-line encounters.
What If the Tree Is Dangerous?
This is where things become more serious.
Queensland's neighbourhood tree legislation considers a property to be affected by a tree where it is likely to cause serious injury, serious property damage, or substantial, ongoing and unreasonable interference with the use and enjoyment of the property.
If you're concerned that a neighbour's tree is genuinely dangerous, getting an arborist to assess it can be a sensible first step.
An arborist can provide an independent assessment of the tree's condition and identify potential risks.
That can also make conversations with your neighbour much easier.
Instead of:
“Your tree is dangerous. Cut it down.”
You can say:
“We've had an arborist assess the tree and they've identified these concerns. Can we work out the best way to deal with it?”
Much better for neighbourly relations.
What About Roots?
Roots can be another source of neighbourhood frustration.
If roots from your neighbour's tree are growing onto your property, you may have rights to deal with roots that cross the boundary.
However, this is definitely not a case of “grab a shovel and start hacking away.”
Removing significant roots can potentially affect the stability and health of the tree.
If you're concerned about roots damaging your driveway, plumbing, retaining wall or other property, professional advice is recommended before cutting them.
Don't Forget Council Rules
Here's another important one:
Just because you and your neighbour agree to remove a tree doesn't necessarily mean the tree can automatically be removed.
Local council vegetation protection rules may apply.
In Brisbane City Council areas especially, vegetation on private property may require approval before it can be removed, depending on factors including the property's zoning and the applicable planning requirements. Ipswich City Council also has Vegetation Protection Orders that can protect individual trees, groups of trees or areas of vegetation.
So before any tree comes down, it's important to check whether approval is required.
The Easiest Solution? Talk to Your Neighbour.
We know. Easier said than done.
But if you're on speaking terms, having a conversation is usually the best place to start.
Explain what's concerning you, show them the issue and, if necessary, suggest getting an arborist to assess the tree.
You might find they're completely unaware that the tree is causing a problem.
And if they're happy to arrange the work, you can get the professionals involved and deal with the tree properly.
So, Can Brien's Cut Down Your Neighbour's Tree?
Yes, Brien's Tree Solutions can carry out tree work on a neighbour's property — but the appropriate property owner's permission and any required council approvals need to be in place first.
We can't simply turn up at your neighbour's house because you've decided their poinciana has to go.
As tempting as that might be.
If you're concerned about a neighbour's tree, Brien's Tree Solutions can provide professional advice about the condition and potential risks of the tree and help you understand what work may be appropriate.
And if the tree does need to come down, we'll make sure the job is approached safely and professionally.
If in doubt…
Neighbour's tree causing you grief?
Don't reach for the chainsaw. Reach for the phone.
Start with a conversation, get professional advice where needed, and check whether any council approvals apply.
Your fence — and your relationship with the neighbours — will probably thank you for it.
Need advice about a tree that's causing problems? Contact Brien's Tree Solutions for professional arborist advice.
