Trees on Private Property

Trees on private land form a vital component of our Urban Forest ( PDF 2.08MB). Most trees in Whitehorse are protected from pruning, lopping or removal by planning overlays.

Sometimes neighbours come into conflict over trees and if this occurs, it is important to keep lines of communication open. Some people have lived with trees all their lives and appreciate their beauty and the wildlife that they bring. Other people may not have lived close to a large tree before and may fear it falling. Try not to dismiss your neighbour’s concerns out of hand. Seek advice from an arborist to determine whether pruning may be warranted or to obtain a health check that may allay fears. Note that pruning and lopping that is not for regeneration purposes may require a planning permit. If you are considering removing a tree, please first check if you require a planning permit.

If an unwanted branch crosses the property boundary with your neighbour, try to avoid cutting it at the fence line. This may be classified as lopping and will require a permit. In many tree species, it will result in a flush of new growth right where you don’t want it. Try to gain consent from the tree owner to access their property to prune the tree back to the trunk.

If trees and shrubs encroach onto the naturestrip from your property, you are expected to prune back the vegetation to allow safe use of the footpath outside your property. The Naturestrips web page provides more information.

Tree roots are vital for the stability of trees. If a neighbour cuts the roots of your tree causing it to fail, they may be liable. Conversely, if roots from your tree are causing damage to your neighbour’s property, you may be held liable for those damages. Speak to your neighbour and seek to resolve problems like this together and you’ll achieve a better outcome for the tree and a better long-term relationship with your neighbour.   

Council cannot act to resolve disputes between neighbours but you can contact the Dispute Settlement Centre of Victoria for guidance.