How WA handles tree disputes between neighbours
Some states have a dedicated trees-between-neighbours Act and a tribunal to go with it. Western Australia does not. WA has no dedicated trees-dispute tribunal or Act; these are civil matters between neighbours, sorted out under the general law of nuisance and, if it comes to it, in the Magistrates Court.
Councils mostly stay out of it. The City of Wanneroo, for example, says it only gets involved with private trees if a tree may be dangerous, and treats neighbour issues as a civil matter. Councils do care about protected trees and verge trees, which is covered below.
That means the rules you work with come from a few places: common law, the guidance published by Legal Aid WA and the WA government, and your council's tree policy. This guide pulls them together as general information. It is not legal advice, and if a dispute is serious or expensive, get advice on your own facts.
What you are allowed to do yourself
Legal Aid WA's guidance sets out the basics. Unless the tree is protected, you may:
- Cut an overhanging branch back to where it enters your property. In practice that is the boundary line, usually the fence. Western Power's own advice says the same: branches from a tree rooted in a neighbour's land can be cut back to the fence line.
- Cut roots back to the boundary. Roots that have crossed under the fence into your garden, paving or lawn can be cut at the line.
What you must not do
The same guidance is just as clear about the limits:
- Do not cut on the neighbour's side. Leaning over the fence with a pole saw to take the branch back to the trunk is not the same as cutting to the boundary.
- Do not poison the tree. Drilling and poisoning, or dumping herbicide at the roots, is off the table.
- Do not go onto their property without agreement. If the work needs someone on their side, or a climber tied into their tree, get the neighbour's consent first.
The cut material still belongs to them
This surprises a lot of people. Cut branches and wood still belong to the tree's owner and should be returned to the neighbour. With their permission, you can throw them out or have them chipped. Tossing a trailer-load of prunings back over the fence is not a good way to return them, so agree how it will be handled before the work starts.
There is another reason to agree on the green waste. The whole Perth metro is a quarantine area for the polyphagous shot-hole borer, with rules about moving wood out of certain zones. If you notice small holes or staining in the branches you cut, stop and read our shot-hole borer guide before moving anything.
Check the tree is not protected
"Unless the tree is protected" is doing a lot of work in that guidance. In the City of Cockburn, for example, significant branch lopping or root damage to a regulated tree on private land has needed development approval since 28 May 2026. A regulated tree there is generally a mature tree over 8 metres. Taking a large limb off a big neighbouring gum could fall into that category even if you only cut to the fence. Trees on a significant tree register or on a heritage-listed place can also be protected.
Our guide on whether you can cut down a tree in Perth sets out each council's position as at September 2026.
Roots need more care than branches
Cutting a root at the boundary is allowed in principle, but big roots anchor the tree. Taking out a large structural root on one side can leave a tall tree less stable, and nobody wants that tree coming down on either house. Before cutting anything thicker than a broom handle near a large tree, get an arborist to look at it. They can often suggest a trench line, a root barrier or a different fix for the paving that leaves the tree standing.
The owner's responsibility once they know
The key idea in Legal Aid WA's guidance is knowledge. It says that once the owner knows, or should know, about a problem, they have a responsibility to deal with it. At that point they may be responsible for the cost of pruning to the boundary, or for repairs.
"May" is the important word. Whether your neighbour is actually liable depends on what happened, what they knew and when. What you can control is making sure they know. A clear, dated letter or email describing the problem, with photos, turns a vague complaint into something on the record.
This matters most with dead or dying trees. If a neighbour's gum has visibly died back, is dropping heavy limbs or has started leaning toward your house, tell them in writing. If it later fails, the question of what the owner knew will matter.
Fences, falling trees and the Dividing Fences Act
The Dividing Fences Act 1961 is often assumed to cover everything along the boundary. It does not cover trees. The WA government's dividing fences guide says the Act does not deal with:
- tree debris such as leaves, bark, gumnuts and seed pods
- encroaching roots
- overhanging branches
- trees pushing on or damaging the fence
The exception is a falling tree. If a fence is damaged or destroyed by a falling tree through the adjoining owner's neglect, that owner may be liable for the full cost of repair. So a neighbour's dead tree that was left standing and then came down across the fence is treated differently from a healthy tree that failed in a freak storm.
If a tree has already come down across the fence, a roof or a car, make it safe first. Our storm and fallen tree page covers what to do in the first few hours. Take photos of everything before it is moved.
Trees near power lines on the neighbour's side
Power lines change the rules about who cuts what, and when.
- Trees on private property are the resident's responsibility, according to Western Power, even if the resident rents. If the tree is rooted next door, keeping it clear of the lines is the neighbour's job.
- Western Power sends 40-day notices to the responsible party after its annual inspections. It does not trim around the service wire that runs from the pole to a house; that is the occupant's job.
- Do not cut near live lines yourself. The danger zone is the area above any power line and within 3.0 metres of lines up to 33,000 volts. Anyone paid to do vegetation work that may enter it must comply with the EnergySafety code of practice.
If the neighbour's branches are close to your service wire, tell them in writing and mention it when you ask for a quote, so the right person is sent. If a line is down or damaged, stay at least 8 metres away and call Western Power on 13 13 51.
Practical steps that usually work
Most neighbour tree problems are sorted over the fence, not in court. A sequence that tends to work:
- Look at it properly. Take dated photos from your side: the overhang, the root damage, the debris, any dead wood.
- Talk first. Plenty of neighbours have no idea their tree is dropping limbs on your carport. A friendly chat often does it.
- Get one quote for the whole job. An arborist can price the work from both sides of the fence, which lets you both see the real cost. Pruning back to a sensible growth point is usually better for the tree than a straight cut along the fence line. Our tree pruning service explains how that is done, and the cost guide gives 2026 planning bands.
- Follow up in writing. If the chat does not lead anywhere, send a short letter or email.
- Try mediation. Legal Aid WA recommends mediation before court. A neutral third party often helps when the relationship has soured.
- Court as a last step. Unresolved tree disputes are civil matters heard in the Magistrates Court, on (08) 9425 2222.
Tips for the letter
- Keep it short, polite and factual. Describe the tree, where it is and what it is doing.
- Attach photos with dates.
- Say what you would like to happen, for example "prune the branches over our driveway back to the boundary".
- Offer options: you could share one arborist's quote, split the cost, or have the work done from your side with their agreement.
- Ask how they would like the cut material returned or disposed of.
- Give a reasonable timeframe to reply, such as 14 or 21 days.
- Keep a copy.
If it ends up in court
The Magistrates Court's minor case procedure covers claims up to $10,000. Lawyers cannot appear in a minor case without the court's leave. Most tree disputes that go this far are about money: the cost of pruning, a damaged fence, a cracked path. Before filing, have your paperwork in order: the letters, photos, quotes and any repair invoices.
Court should be the last step. A quoted, reasonable proposal backed by photos is often enough to get a stalled neighbour moving. We can arrange an arborist to look at a boundary tree and give a written quote to take next door. Call (08) 9560 6103 or send the details through the contact page.