Encroaching trees are one of the most common neighbour disputes in Australia. Branches dropping into your yard, roots cracking your driveway or invading your sewer line, and leaf litter blocking your gutters are all real harms — and there is a clear legal framework for fixing them.
The legal context
Queensland has the most developed regime: the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 gives QCAT direct jurisdiction over tree disputes. NSW operates under the Trees (Disputes Between Neighbours) Act 2006 with the Land and Environment Court. Other states rely on common-law nuisance and the long-standing right of self-help abatement — you may cut back to the boundary line, returning the cuttings to the owner.
Realistic outcomes
Most tree disputes resolve at the letter stage because the legal framework is so well-established and the remedies (orders to prune, remove or pay rectification costs) are predictable. The neighbours who refuse to engage often regret it once a tribunal application lands — costs orders are uncommon but possible.
The document approach
The letter should identify the tree, describe the encroachment with dates and photos referenced, cite your state’s tree-dispute regime (or common-law nuisance), and demand specific action — usually pruning to the boundary, root barriers, or contribution to rectification — within 21 to 28 days. Tree matters benefit from a slightly longer deadline than commercial disputes.
What Claim Done delivers ($79)
For a flat $79 we draft a tribunal-ready Letter of Demand citing the correct state regime, in your name, as a PDF you can send by email and post.
What to expect after
If the neighbour engages, document the agreement in writing. If they refuse, lodge with QCAT (Qld), the Land and Environment Court (NSW), or the equivalent in your state. Get an arborist’s report before lodging — it usually pays for itself in the tribunal outcome.