Tree Lopping and Neighbour Rights in Perth: A Complete Guide
This guide explains tree ownership laws, what you can and can’t do when a neighbour’s tree encroaches onto your land. Read this to learn more
Perth is well known for its sun-soaked climate, wide streets, and leafy suburban landscapes. Many homes are surrounded by gum trees, jacarandas, or other large species that add character and shade to the property. However, as beautiful as trees can be, they sometimes become the centre of tension between neighbours — especially when branches overhang fences, roots damage driveways, or trees obstruct views.
Tree lopping is often essential for safety, property maintenance, or aesthetic reasons. But before you reach for the chainsaw (or call in the professionals), it’s important to understand the legal rights and responsibilities involved in Western Australia.
This guide explains tree ownership laws, what you can and can’t do when a neighbour’s tree encroaches onto your land, when you need council permission, and how to resolve disputes without souring relationships. Whether you’re a property owner managing your own trees or a neighbour dealing with overhanging branches, this article will help you navigate Perth’s tree laws confidently.
Understanding Tree Ownership and Boundaries in Perth
How Tree Ownership is Determined
In Western Australia, tree ownership is usually determined by the location of the tree’s trunk at ground level:
- Entirely on your property: You are the legal owner.
- Trunk on the boundary line: It is considered jointly owned, and both you and your neighbour share rights and responsibilities.
Tree ownership means you have control over how it is maintained, but it also means you are liable for any damage it causes — for example, if a large branch falls and damages your neighbour’s shed.
Tree Owner Responsibilities
As a tree owner in Perth, you are responsible for ensuring your tree is healthy and safe. This includes:
- Regular inspections for disease, rot, or structural instability.
- Pruning to reduce risk during storms.
- Preventing damage to neighbouring property caused by roots or overhanging branches.
Failing to maintain your tree could leave you open to legal claims if it causes damage.
Overhanging Branches and Encroaching Roots
Your Right to Trim
Under common law in WA, if your neighbour’s branches or roots extend into your property, you have the right to remove them — but only up to the boundary line. Going beyond that without permission could be considered trespassing.
Best Practices Before You Trim
Even though you are not legally required to notify your neighbour, it’s wise to have a conversation first. This avoids surprises and potential disputes. In many cases, your neighbour may not even be aware of the issue and might prefer to arrange the trimming themselves.
If trimming is necessary, consider engaging professionals like A B Tree Lopping in Perth to ensure the work is safe, compliant with local laws, and does not harm the tree’s long-term health.
Who Pays for the Work?
If the trimming is for your own benefit — such as improving sunlight into your garden — you will usually bear the cost. If the tree is causing actual damage to your property, you may be able to negotiate a cost-sharing arrangement.
Local Council Regulations in Perth
Perth is divided into multiple local government areas, each with its own tree preservation and removal rules. These are usually outlined in Local Planning Policies or Tree Preservation Orders.
Protected Trees
Many councils protect certain species (often native trees or those with historical significance). For example:
- Large native gums may require council approval before any major lopping.
- Street trees planted on the verge are generally council property, and removing or pruning them without permission can result in fines.
Always check with your local council before undertaking significant tree work.
When Permits Are Required
You will generally need council approval for:
- Removing a tree above a certain trunk diameter.
- Lopping a tree in a heritage-listed property.
- Pruning in conservation or bushland protection zones.
Failing to get the necessary permits can lead to hefty penalties.
Resolving Tree Disputes Between Neighbours
Disputes over trees in Perth often involve:
- Overhanging branches blocking sunlight or dropping leaves.
- Roots damaging fences, paving, or underground pipes.
- Trees obstructing views.
Step 1 – Open Communication
The fastest and cheapest solution is to have a polite conversation with your neighbour. Explain the issue clearly, share photos if necessary, and suggest possible solutions.
Step 2 – Written Notice
If verbal discussions don’t work, you can send a written letter outlining your concerns, what action you intend to take, and a timeframe. Keep a copy for your records.
Step 3 – Mediation
In WA, you can access the Neighbourhood Mediation Service through the Department of Justice. This is a free and neutral process to help both parties find a compromise.
Step 4 – Legal Action
If all else fails, you can take the matter to the Magistrates Court under common law or the Dividing Fences Act 1961 (WA) if the dispute involves boundary structures. The court can order specific actions, such as requiring a neighbour to trim or remove a tree causing damage.
Special Situations Where Rules Differ
Emergency Situations
If a tree poses an immediate danger (e.g., after storm damage), you can arrange emergency lopping or removal without prior council approval. However, you should notify your local council as soon as possible afterward and keep photographic evidence.
Shared Trees on Boundaries
When a tree’s trunk is on the boundary line, both owners share equal responsibility. Any major work will require joint agreement. Costs are typically split unless otherwise negotiated.
Trees in Strata or Community Titles
If you live in a strata complex, the body corporate usually manages common property trees. You’ll need formal approval from the strata committee before doing any work.
Avoiding Disputes in the First Place
The best way to avoid tree disputes is to be proactive:
- Regularly inspect your trees for risks.
- Prune before branches become a nuisance to neighbours.
- Stay informed about your council’s tree policies.
- Use professional services like A B Tree Lopping in Perth for safe, compliant work.
By taking early action, you can prevent damage, reduce liability, and maintain friendly neighbourly relations.
Final Thoughts
In Perth, tree lopping is not just about aesthetics — it’s also about safety, legal compliance, and maintaining good relationships with neighbours. The key takeaways are:
- Know who owns the tree and your rights to trim.
- Understand local council rules before doing any significant work.
- Communicate openly with neighbours to prevent disputes.
- Use mediation or legal avenues only when necessary.
Sometimes, a tree can be saved with proper pruning and care, but in other cases — when it’s diseased, unsafe, or causing ongoing problems — it’s time to cut down the tree. Trees are an asset to your property and neighbourhood, but they also come with responsibilities. By following WA laws, respecting boundaries, and seeking expert help when needed, you can enjoy the benefits of Perth’s beautiful greenery without the headaches of legal disputes.
