This fact sheet is general information only. If you need a lawyer, try LawMatch™ a free service that matches you with a lawyer who meets your legal needs and preferences.

There is no legislation that specifically covers damage caused by trees, overhanging branches etc.

There are often disputes about branches that overhang your property.

The law says that you can cut the branch off, but you can't keep it and you probably can't claim the cost of cutting it off. Also, you can't go onto your neighbour's land to cut it off - get their permission first.

If a branch hangs over public land, local Council local laws will probably say what height the overhang can be. If there is a breach of the local laws the Council may be able to cut off the branch and charge the owner for the cost of this.

If the roots of your neighbour's tree grow into your property and affect a building, drive-way etc you can again make a claim under the law of nuisance.

If you want to do something immediately, you can dig up the roots that are on your property, but be careful about poisoning the roots as this may kill the tree and your neighbour may be able to claim compensation. It is a good idea to check with the Council.

You may find that a neighbour's tree blocks a view or casts an unwanted shadow onto your property. What can you do?

Not much! Unless the shadow could be considered as creating a nuisance, you just have to get used to it.

A number of gum trees are renowned for dropping branches. If a branch falls off your neighbour's tree and damages your property, you will only be entitled to compensation under the law of negligence.

If this happens to you, get legal assistance.