Overhanging branches or encroaching roots from a neighbour's tree can often be a source of conflict between neighbours. Often, property owners will approach Council to express their concerns with the hope that Council will resolve the matter.
Unfortunately, Council is unable to negotiate or intervene in such disputes as this is considered a ‘civil matter’ that must be resolved between you and your neighbour. Council cannot give you permission to undertake works on a tree without the consent of the owner.
Before considering any action, you should talk to your neighbour about your concerns and seek advice on your legal rights. For practical advice on how to approach your neighbour, visit the Dispute Settlement Centre of Victoria (DSCV) website.
A number of controls protect trees and native vegetation within Brimbank City Council. These can be planning controls and or local law controls.
Applications received by Brimbank City Council for works to a tree on a neighbouring property must be accompanied with permission or consent from the land owner. You are not allowed to enter your neighbour's land in order to carry out the work unless you have their permission. Anything you cut off your neighbour's tree belongs to your neighbour and should be returned, however it is advisable to speak to your neighbour before undertaking any works (even if they are on your side of the property boundary) and returning branches. If you do return branches do so in a neat and tidy manner.
If you have attempted to discuss your concerns with the owner of the tree and are unable to resolve the matter with your neighbour privately, DSCV may be able to offer some assistance and, if necessary, mediate between both parties. DSCV is a free dispute resolution service funded by the Victorian Government.