Overhanging branches

Dealing with overhanging branches between neighbours or one creating a public obstruction require different approaches.

My neighbour's tree is affecting my property:

Overhanging branches between private properties is a civil matter and is not handled by Council. If you have tried, and are unable to resolve the matter with your neighbour privately, we recommend:

Dispute Settlement Centre of Victoria
Level 4, 456 Lonsdale Street
Melbourne VIC 3000

phone: 9603 8370
email: Dispute Settlement Centre of Victoria
website: Department of Justice > then in the left-hand menu, click on The Justice System and then on Disputes

I've received a letter from Council:

We occasionally run a program of informing residents when branches or foliage are overhanging into public space or Council property from their property. If you receive one of these informal letters to advise you there is problem, read the details provided and act upon them.

If you disagree with the notice do nothing and a Local Laws Officer will inspect the property. If there is a problem they will issue a Notice to Comply which includes:

• time frame to rectify the problem
• specific Local Law/s breached
• what to do to comply
• a warning a fine will be issued if the matter is not rectified
• the amount of the fine if you do nothing.

A tree branch is affecting public space:

If the tree is in a reserve, park or naturestrip, it is a Council-owned or managed tree which our Parks and Gardens maintain through a regular maintenance program.

If you are sure the tree in question is Council-owned: