Who is responsible for overhanging tree branches in Queensland?

Disputes over tree branches crossing property lines are common in Queensland, but the law sets out a very specific process that must be followed. The primary legislation is the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) (the Act). An affected neighbour does not have an unconditional or automatic right to trim overhanging branches and demand reimbursement.

The Queensland Government’s official guidance is available at qld.gov.au: What to do if a neighbour’s tree is affecting you . The Queensland Law Handbook also publishes a thorough plain-English summary: Neighbouring Trees and Other Plants (last updated September 2024).

Who is the “Tree-Keeper”?

Under the Act, the tree-keeper is generally the owner of the land on which the trunk of the tree is rooted. If the trunk straddles the boundary, the tree-keeper is the owner of the land that contains the greater portion of the base. A tenant is not usually the tree-keeper unless they planted the tree themselves.

The tree-keeper has a positive duty under the Act to maintain their trees properly, including ensuring branches do not cause injury, damage property, or seriously interfere with a neighbour’s use and enjoyment of their land. Queensland Government guidance on tree-keeper responsibilities is available at qld.gov.au: Your responsibilities as a tree-keeper .

Step 1: Try to Resolve the Dispute Informally

Before taking any formal steps, QCAT strongly recommends attempting to resolve the matter directly with your neighbour. A direct conversation is faster, cheaper, and preserves the neighbourly relationship. If informal discussion fails, free mediation is available through the Dispute Resolution Centre Queensland before any legal action is required. Contact details are available at qld.gov.au dispute resolution centres .

Step 2: Check for a Vegetation Protection Order

Before issuing any notice or trimming any branches, you must first confirm whether the tree is protected by a vegetation protection order (VPO). A VPO is a local council order that prohibits or restricts the lopping of a specific tree. A property may have a VPO if it:

• is located near a river or waterway corridor
• is in a bushland or rural area
• contains large or significant trees, including in urban areas
• has heritage values

If the tree is covered by a VPO, neither the FORM 3 self-help remedy nor private trimming under the common law right of abatement is available until you have council approval. Contact your local council to check. For Gold Coast residents this is the Gold Coast City Council development portal .

The Common Law Right of Abatement

Separately from the statutory scheme, Queensland common law preserves a right of abatement: the affected neighbour may cut overhanging branches (and encroaching roots) back to the boundary line without issuing any notice and without limit on height, provided no VPO applies and no entry onto the tree-keeper’s land is required. However:

• You cannot enter the tree-keeper’s land to exercise this right
• The clippings remain the property of the tree-keeper, and you must offer to return them; you may not dispose of them without first doing so
• You cannot seek any reimbursement from the tree-keeper for work done under the common law right of abatement; that right only arises under the statutory process below
• If the trimming is substantial or involves a large tree, engage a qualified arborist with appropriate insurance; you may be liable for damage caused during trimming

This right is confirmed by the Queensland Law Handbook and explained further at Aussie Tree Solutions: What Can I Do About My Neighbour’s Tree? .

The Statutory $300 Self-Help Remedy (FORM 3 Process)

Under the Act, a specific $300 self-help remedy exists that allows you to have branches trimmed and recover the cost from the tree-keeper. It is subject to strict preconditions.

1. The Height and Overhang Restriction

The self-help remedy only applies to branches that:

• overhang the boundary by more than 50cm, and
• are less than 2.5 metres above the ground

If the branches are higher than 2.5 metres, the FORM 3 route is completely unavailable. You must apply directly to QCAT for an order under the tree dispute process described below.

The QCAT guidance on when a notice can and cannot be issued is available at QCAT: Overhanging branch disputes .

2. Issue a FORM 3 Notice

Before trimming any eligible branches, you must serve the tree-keeper with the official FORM 3: Notice for Removal of Particular Overhanging Branches . The notice:

• must give the tree-keeper at least 30 days to respond and rectify the issue themselves
• must be accompanied by a written quotation from a contractor stating the estimated cost of the work; without this attachment the notice is not validly issued under s 57(3)(d) of the Act
• must specify the date by which the tree-keeper must act
• must include an agreement for any workers to access your property (not the tree-keeper’s) to carry out the work if needed

Download the official form: FORM 3: Notice for Removal of Particular Overhanging Branches (PDF)

3. Frequency Limits

A FORM 3 notice can only be issued once per 12-month period for the same tree or branches.

4. Taking Action After the Notice Expires

If you comply with the entire process (the branches are under 2.5m, you issued a valid FORM 3 notice with a contractor’s quotation, and 30 days have expired without action), you may then:

• trim the eligible branches yourself or engage a contractor, up to a maximum cost of $300
• offer to return the trimmed branches to the tree-keeper (you do not have to, but you cannot simply dispose of them without making the offer)
• seek reimbursement of up to $300 from the tree-keeper

If the tree-keeper refuses to pay, you can apply to QCAT to recover the amount as a minor debt dispute. Information on minor debt applications is at QCAT: Minor Debt Disputes .

QCAT Applications: When the Self-Help Route Is Not Available

Where the FORM 3 process does not apply (because the branches are higher than 2.5 metres, the tree is protected by a VPO, or the informal process has broken down entirely), you may apply to QCAT for a tree dispute order under Part 4 of the Act.

QCAT can make a wide range of orders, including that:

• the tree-keeper trim or remove the branches at their own expense
• the affected neighbour be authorised to have the work done at the tree-keeper’s expense
• works be carried out to prevent future interference

QCAT can also make orders for compensation where a tree has caused measurable damage to property. The QCAT application form and fee schedule are available at QCAT: Tree and Fence Disputes .

Before filing a QCAT application, you will generally be required to demonstrate that you have attempted to resolve the dispute informally. QCAT may refer the matter to a Dispute Resolution Centre for mediation before proceeding to a hearing.

Serious Damage: Injury, Property Damage and Interference with Enjoyment

Where overhanging branches or tree roots are causing or are likely to cause:

• injury to any person
• damage to property (including structures, pipes, fencing, or paving)
• a substantial and ongoing unreasonable interference with your use and enjoyment of your land

you may apply to QCAT for stronger orders, including orders for removal of the tree itself, regardless of height. QCAT has powers under Part 4, Division 2 of the Act to deal with these more serious situations and can order the tree-keeper to cover the cost of all remediation works.

What Happens If the Neighbour Does Not Let Me onto Their Land to Trim the Branches?

Under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) , the mechanics of access to the neighbouring property are built directly into the Form 3 process itself. Once a neighbour serves a Form 3 on you, the notice itself functions as your request to access their land to do the work.

Here is how it works in practice:

If the Neighbour Serves You With a Form 3

When a neighbouring owner serves a Form 3 on you, the notice must:

• give you at least 30 days to respond and carry out the work
• include at least one written quotation from a contractor stating the estimated cost
• include a copy of Chapter 3 Part 4 of the Act
• include a response form for you to sign and return

The Form 3 notice itself grants you permission (by implication of the notice and s 57(3)(c) of the Act) to enter the neighbour’s land on the day nominated to carry out the work. The neighbour cannot then refuse access after having served the notice, because the notice itself creates the permission framework.

If you agree to carry out the work, you must:

1. Return the signed response form to the neighbour at least one day before the work is to be done
2. State in the response the name of the contractor and the date and time the work will occur
3. Ensure work is carried out between 8am and 5pm

The neighbour cannot simply refuse entry after issuing the Form 3. If they do, you would have a strong basis to apply to QCAT for an order.

What If You Cannot Afford the Trimming?

The Act does not impose an immediate obligation on you to spend money until a formal process has been completed. If the matter ever reaches QCAT, QCAT can make a range of orders including:

• ordering the neighbour to bear the full cost if your financial circumstances are relevant
• apportioning costs between the parties
• setting a timeframe for compliance that gives you time to arrange funding
• directing that both parties obtain quotes before any order is made

The Act also requires QCAT to consider the conduct of both parties.

The Body Corporate Complication

If your trees overhang a body corporate property, not an individual owner’s lot, the body corporate, as the entity controlling the common property, would be the party to serve the Form 3. Individual lot owners in the complex generally cannot serve a Form 3 on you on their own behalf for branches affecting common property. The body corporate committee must authorise and serve the notice. This procedural requirement can slow down the formal process on the other side.

Summary of Available Pathways

Situation	Available Remedy
Branches under 2.5m, overhang over 50cm, no VPO	FORM 3 notice process then self-help up to $300
Branches under 2.5m, overhang over 50cm, VPO applies	QCAT application only (after council check)
Branches over 2.5m, any overhang, no VPO	QCAT application or common law abatement (no reimbursement)
Branches over 2.5m, VPO applies	QCAT application only (after council check)
Causing injury, property damage or serious interference	QCAT application under Part 4 Div 2 of the Act
Tree on council-owned land	Contact the relevant council directly before any action

Legal Help and Free Resources

• QCAT: Overhanging Branch Disputes (official process guide)
• Queensland Law Handbook: Neighbouring Trees and Other Plants (plain English summary, updated September 2024)
• FORM 3: Notice for Removal of Particular Overhanging Branches (PDF)
• Queensland Government: What to do if a neighbour’s tree is affecting you
• Queensland Government: Your responsibilities as a tree-keeper
• Legal Aid Queensland : 1300 65 11 88
• LawRight Court and QCAT Services : 07 3564 7561

Last updated: May 2026 — see also Ep 14: Non-Legal Strategies for Challenging Government Decisions , Ep 13: Administrative Law and Government Decisions , and Ep 7: QCAT and Neighbourhood Disputes .