TREES LOCATED ON PRIVATE PROPERTY
An issue relating to trees on private property is a civil matter between adjoining owners and do not generally involve Local Government. The City of Vincent will only become involved in a dispute if it can be shown that the tree is dangerous.
A tree may be considered dangerous if it is dead, dying, diseased and/or structurally unsound and therefore poses a risk to people and/or property. A tree that drops leaf litter or fruit is not considered dangerous.
Encroaching Tree branches and Roots
If a tree from a neighbouring property has branches and/or roots that encroach into your land, you are entitled to remove the material up to the boundary of your property. You are not required to discuss the matter with your neighbour prior however, it is courteous to do so.
Any material removed from a neighbouring tree still belongs to the tree’s owner and should be returned. Care must be taken when pruning and returning the pruned branches as you may be liable for any damage you may cause.
It is sensible to let your neighbour know what you are going to do and with the owner’s permission, the prunings may be thrown out.
For more information on trees on private property, please refer to the Legal Aid website.
If the encroaching branches originate from a verge tree, please note the City does not allow residents to prune the verge trees adjacent to their property. If any works are required on your verge tree, please contact the Parks team for further information.
Dangerous Trees
If you consider a tree on neighbouring property to be dangerous, you must first discuss the matter with your neighbour to try and resolve the problem.
If negotiations are unsuccessful, you are required to obtain a report, at your own expense, from a qualified Arboriculturalist providing evidence that the trees condition and/or location deem it dangerous. An Arboriculturalist is a person with a Diploma Level of Arboriculture, five years experience and indemnity insurance, who will provide you with a written report on the tree.
This report, along with a written request and any other supporting information must then be submitted to the City of Vincent. The City will only become involved if it can be shown that the tree is in fact dangerous to person/s or property and that all reasonable attempts to resolve the matter prior have been taken.
Once this information is received by the City and the relevant staff deem the tree to be dangerous, then under the Local Government Act 1995, the City may decide to serve an Order on the owners of the offending tree to make the tree safe either by pruning or removal.
If the City does not consider that the tree is dangerous to person/s or property, the complainant will be advised accordingly.
More Information
Please contact the Parks team on 9273 6000 or mail@vincent.wa.gov.au