Do Neighbours Need to Approve Tree Work on a Shared Boundary?

If you live in South East Melbourne, chances are you have a tree that overhangs a fence line, drops leaves into the yard next door, or sends roots under a shared driveway. When that tree needs pruning or removal, a common question comes up fast: do you need your neighbour's permission before you start? The short answer is that it depends on the tree, the council rules that apply to your property, and whose land the tree actually sits on. This guide explains how the situation works in 2026 so you can plan your next step with confidence.

Who Owns the Tree Makes the Difference

The first thing to establish is ownership. A tree belongs to the property on which its trunk grows, regardless of where its branches or roots spread. If the trunk sits entirely on your land, the tree is yours, and you generally have the right to prune or remove it without asking your neighbour. If the trunk straddles the boundary, the tree is considered jointly owned, and both owners usually need to agree on major works. If the trunk is on your neighbour's side, the decision rests with them, even if the branches hang over your fence.

Many disputes start because people assume overhanging branches give them the right to cut anything back to the boundary line. In Victoria, that is not the case in most situations. You can generally trim branches that cross onto your property, but you should not enter the neighbour's land without permission, and you should be careful not to damage the tree's health. If you are unsure where the trunk sits, a registered surveyor can confirm the boundary for a modest fee.

Council Planning Controls and Tree Protection Local Laws

Even when you own the tree, your local council may have the final say. Councils across South East Melbourne, including Casey, Cardinia, Frankston, Greater Dandenong, Kingston, and Monash, set their own tree protection rules through local laws and the planning scheme. Some councils protect trees above a certain trunk diameter, measured at about one metre above ground, while others apply controls only to specific species or trees on heritage-listed or significant vegetation sites.

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Before you engage a contractor, check your council website or call the planning department. Ask whether a planning permit is needed for the works, whether the tree is covered by a Vegetation Protection Overlay, and whether any neighbour notification is required. Removing a protected tree without approval can lead to fines, so this step is worth doing early. Keep in mind that council rules are updated periodically, so confirm the current requirements rather than relying on information from a few years ago.

Practical Steps Before Any Tree Work Begins

Good communication prevents most neighbour disputes. A simple conversation, followed by a written note or email, protects both parties. Explain what work you plan, why it is needed, and when it will happen. Offering to share the cost of a shared tree, or to take on the cleanup, can make the process smoother. Photos of the tree and the area affected are useful if you need to demonstrate the reason for the work later.

Make sure any arborist you hire is insured and holds appropriate qualifications. Ask for a written quote that describes the exact scope of work, including whether branches will be removed over your neighbour's fence and how debris will be handled. In South East Melbourne, many arborists are familiar with local council requirements and can advise you on whether a permit is needed. If a dispute cannot be resolved, the Victorian Civil and Administrative Tribunal (VCAT) handles tree disputes between neighbours, and mediation services are often available first.

Key Takeaways

Tree work on a shared boundary is not always a matter of simply asking permission, but it is rarely something to rush. Confirm who owns the tree, check your council's tree protection rules, communicate clearly with your neighbour, and use a qualified, insured arborist. Taking these steps protects your property, your relationship with the people next door, and your budget, and it helps keep South East Melbourne's urban tree canopy healthy for years to come.

South East Melbourne Tree Removal

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