In Queensland you can cut back any branch or root that crosses onto your side of the fence, at your own cost, as long as you don’t go over the boundary and don’t kill the tree. If the branches hang more than 50 cm over the line and are under 2.5 metres off the ground, you can give the neighbour a formal notice and, if they do nothing in 30 days, do it yourself and claim up to $300 back. The stump is a different story: it belongs to whoever’s land it is on, and that person pays.
Fence-line trees cause more phone calls to us than any other kind of tree, and the hard part is never the grinding. It’s the “whose tree is it” conversation before we turn up. This is the short, practical version for Brisbane, Ipswich, Logan and Moreton Bay, written by people who have stood in a lot of backyards while two neighbours worked it out.
Whose tree is it?
The tree belongs to the owner of the land the trunk is on. That person is the “tree-keeper” under Queensland’s Neighbourhood Disputes (Dividing Fences and Trees) Act, and they’re responsible for it: the branches, the roots, the leaves in your gutter and the damage it does. If the trunk sits on the boundary, both of you are tree-keepers. The QCAT tree dispute page sets out the rules in plain words; we’re tree people, not lawyers, so that’s the page to read before you write a letter.
What can I cut without asking?
Anything on your side of the line. Overhanging branches and roots that come under the fence can be cut back to the boundary. You pay for it, you can’t lean over the fence to do it, and you can’t do it in a way that kills or wrecks the tree. The off-cuts are technically the neighbour’s, but in practice nobody wants a ute-load of branches thrown back over the fence; chip them or bin them and tell the neighbour you did.
Two traps. If the tree is protected by a council vegetation protection order, the rules change and you need the council’s say-so first; Brisbane City Council’s tree rules are explained here. And a big fence-line gum is not a hedge trimmer job. Limbs over about 100 mm thick near a fence, a shed or power lines are arborist work.
What’s the formal process for overhanging branches?
- Branches overhang more than 50 cm over the boundary and are 2.5 metres or less above the ground.
- You give the tree-keeper a written “notice for overhanging branches” (QCAT has the form) asking them to cut the branches back within 30 days. You can attach a quote.
- If they don’t act in 30 days, you can have the work done yourself, from your side, and recover up to $300 from them.
- Anything bigger, higher, or involving roots, damage or a tree you think is dangerous goes to QCAT as a tree dispute. Try a conversation and a mediation first; QCAT expects it.
What about the stump and the roots?
Roots are treated like branches: you can cut the ones on your side, at your cost, if it doesn’t kill the tree. In practice, cutting the main roots of a big fence-line gum can make it unstable, so get advice first. Once a tree has been removed, the stump belongs to whoever’s land it sits on, and that owner pays to grind it. When the stump is on the boundary, the sensible outcome is to split the cost. We price it as one stump either way, from $250 for a typical domestic stump, and we’ll quote it to whichever of you asks.
One thing we do often: grind a boundary stump flush so a new fence can go straight through where the trunk was. The fencer can’t build until the stump is gone, so book us before them, not after. If there is more than one stump along a fence line, the multi-stump discount of up to 50 per cent applies; the cost page explains it.
How do I keep the neighbour onside?
Talk before you cut. Most fence-line arguments start with a surprise, not a disagreement. Show them the quote, offer to split a shared stump, and agree in a text message so there’s a record. If the tree is theirs and they’re happy for it to go, one booking for removal and grinding costs less than two separate jobs; tree lopping and stump removal in one visit is what we set up for exactly this.
We work right across the southside, the northside and Ipswich. Text a photo of the stump or the tree to 0449 003 606 or use the quote form, and tell us which side of the fence it’s on.
Frequently asked questions
Can I cut my neighbour's tree branches that hang over my fence in Queensland?
Yes, back to the boundary line, at your own cost, from your side, as long as it doesn't kill or seriously damage the tree and the tree isn't under a council vegetation protection order.
Who pays to remove a tree stump on the fence line?
The owner of the land the stump sits on. If the trunk was on the boundary, both neighbours are tree-keepers and splitting the cost is the usual outcome. We quote it as one stump either way.
What is the 50 cm and 2.5 metre rule for overhanging branches?
Under Queensland law, if branches overhang your land by more than 50 cm and are 2.5 metres or less above the ground, you can give the tree-keeper a formal notice. If they don't cut them back within 30 days you can do it and recover up to $300.
Can I cut tree roots coming under my fence?
Roots on your side can be cut like branches, but cutting the main roots of a large tree can make it unstable. Get an arborist's advice before cutting roots of anything bigger than a shrub.
Can a stump be ground right up against a fence?
Yes. The compact grinder works within a few centimetres of a fence or wall, and we often grind a boundary stump flush so a new fence can go through where the trunk was.