Small blocks, close houses and fast-growing trees make for a lot of shared branches. Across Werribee, Hoppers Crossing, Tarneit and Point Cook, one of the most common calls we take is not about a tree the caller owns. It is about the one next door: a gum dropping leaves and bark into the gutters, a row of cypress shading the vegetable patch, or a big limb hanging over the fence above the kids' trampoline.

The questions are always the same. Can I cut it? Do I need to ask? Who pays? Here is the general position, and how to handle it so the tree gets sorted and the neighbour is still waving at you afterwards.

This is general information, not legal advice. If a dispute is serious, or damage has already happened, get advice specific to your situation.

The general position in Victoria

As a general rule, you can cut back branches from a neighbour's tree where they overhang your property, back to the boundary line, without needing the neighbour's permission. You do the work on your side of the fence, and normally at your own cost.

That general rule comes with some important limits:

Only to the boundary. You cannot go onto the neighbour's land, or cut beyond the fence line, without their agreement.
Do not harm the tree. If cutting back to the boundary kills the tree or makes it unstable, you may be liable for the damage. A badly placed cut on a large limb can do exactly that.
Permits still apply. If the tree is protected by a planning overlay or a local law, the same rules apply to an overhanging branch as to the rest of the tree.
Branches near power lines are different. Do not cut anything close to the lines yourself. That work can be dangerous and may be the responsibility of the network.

Check the permit question first

In Wyndham, many suburban trees on private land are not protected, but some are, particularly where a planning overlay covers the property or an estate's planning permit set tree controls. Native trees along the Werribee River corridor and in established landscapes are the most likely to be caught.

Because the rules can differ by property and by council, check before anyone cuts. Our guide to tree removal permits in Wyndham explains how to look up the planning report for an address, and Wyndham City Council can confirm whether a particular tree is protected. If you are just over the boundary in Melton, Hobsons Bay or Brimbank, check with that council instead.

Talk to the neighbour before you cut

You may not legally need permission for a branch over your side, but it is still worth a conversation, for practical reasons as much as polite ones.

They may agree to a better job. Cutting a branch at the boundary often leaves a long stub, which looks poor and can let decay in. With the neighbour's agreement, a qualified arborist can prune the limb back to a proper point on their side, which is better for the tree.
You can share the cost. If both sides benefit, splitting a single visit is often cheaper than two separate jobs.
It avoids surprises. A tree that suddenly looks lopsided from next door is how disputes start.

If you do cut back to the boundary on your own, it is good practice to let the neighbour know first. Some people offer the cut material back. Whatever you agree, keep it in writing, even if that is just a text message.

When the tree is dangerous, not just annoying

There is a difference between a branch that drops leaves in your gutter and one that looks likely to fail. Signs worth taking seriously include a large dead limb over your roof or yard, a split or crack at a fork, a tree that has started to lean towards your house, or mushrooms and soft wood at the base. Our guide to telling whether a gum tree is dead or dying goes through the signs in more detail.

If you think a neighbour's tree is dangerous, raise it with them in writing and keep a copy, with photos. If it is an immediate danger, such as a limb split and hanging over a roof after a storm, our Emergency & Storm Damage service can make it safe.

Roots across the boundary

Roots do not stop at the fence either. The same general idea applies to roots on your side, but cutting large roots is riskier than cutting branches, because it can destabilise the tree and bring the whole thing down. On Werribee's reactive clay, roots can also play a part in cracking and movement. Our guide to tree roots damaging houses in Werribee covers what to look for, and when a root barrier makes more sense than cutting.

When you cannot agree

Most neighbour tree issues are sorted over the fence. When they are not, the Dispute Settlement Centre of Victoria offers free mediation for neighbour disputes, and is a sensible step before anything more formal. Avoid cutting in anger. A tree that is damaged beyond the boundary, or a protected tree cut without a permit, can turn a small dispute into an expensive one.

How we help

We regularly quote overhanging branch work across Wyndham and the Melton ring. Send us photos of the branches from your side, a wide shot showing the fence line and the house, and your suburb. We will tell you what can sensibly be cut from your side, whether the tree looks like it may be protected, and what a proper prune would look like if your neighbour is on board. Our Tree Lopping & Pruning service covers the work itself, done back to proper points rather than ragged stubs.

Neighbour's Tree Overhanging Your Werribee Yard? What You Can and Can't Do