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Generally, you have the right to prune or time overhanging branches from your neighbour’s tree if they are causing a nuisance or damage to your property.

However, there are certain rules and guidelines that you must follow:

  1. You can only prune the branches that are overhanging your property. You are not allowed to trespass onto your neighbour’s property to prune the tree.

  2. The pruning must be done in a reasonable manner, meaning that you should not excessively prune or harm the tree. You should only remove the branches that are causing a nuisance or damage.You are responsible for the cost of pruning the tree, and you cannot ask your neighbour to pay for the expenses.

  3. You should inform your neighbour in writing before pruning the tree, stating the reasons for the pruning and the date when you plan to do it. It is recommended to keep a copy of the written notice for your records.

  4. If the tree is protected under local council regulations or is considered significant, you may require approval from the council before pruning it, even if it is on your neighbour’s property.

It’s important to note that if you prune your neighbour’s tree without following the guidelines and laws, you may be liable for damages and may face legal consequences. It’s always best to try to communicate and reach a mutual agreement with your neighbour before taking any action.

If you have concerns or questions about pruning your neighbour’s tree, reach out to our team who are always more than happy to answer any questions you might have and provide advice specific to your situation.

Email: admin@originlawyers.com

Phone: +61 (2) 9917 7022

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