When it comes to overhanging trees, who is responsible for their care and maintenance?  The answer to this question is not as straightforward as it may seem. While homeowners are typically responsible for the upkeep of their own trees, there are several cases in which the responsibility falls on someone else. So, just who is responsible for overhanging trees in Australia? Let’s take a closer look.

Tree Owners

In Australia, overhanging trees are the responsibility of the tree owner. This means that if a branch from your tree falls and causes damage to property or injures someone, you may be liable. It is thus important to keep your trees well-maintained and regularly check for any hazards or risks. If a tree is deemed to be hazardous, you may need to hire a professional arborist or tree lopper to remove it.

Local Councils

Local councils may also be held responsible if a tree belonging to them causes damage. In this case, it is best to contact your local council as soon as possible in order to get their advice and assistance with the issue.


If a tree belonging to your neighbour is overhanging or encroaching on your property, and you cannot resolve the issue together, you may be able to take legal action against them. This will depend on the state’s laws concerning trees and boundaries between neighbours.

What You Can Do To Prevent Damage From Overhanging Trees

The best way to prevent damage from overhanging trees is to have them regularly inspected and maintained by a professional arborist. An arborist will be able to identify any potential issues and address them before they become problems. They can also advise you on how to manage the trees to ensure they are safe and healthy. In addition, an arborist will help you to keep an eye out for any signs of damage or decay in your trees, such as dead branches, rotting bark and other changes. Having these issues addressed quickly will help avoid further damage down the road.

In between visits from your arborist, look out for branches that are hanging over your property line. If it’s possible, give them a quick trim, as this will help you to avoid liability in case of an incident. Overhanging trees can cause serious damage and injuries if not managed properly.

Overhanging trees can pose a serious risk to both property and public safety. As a result, it’s important to know who is responsible for them in Australia. In most cases, the responsibility falls on the tree owner, however there are a few exceptions.

Either way, it’s important to take steps to prevent damage from overhanging trees by having them regularly inspected and maintaining them properly. At Summerland Tree Services, our dedicated arborists provide a fast and effective solution to maintaining or removing potentially damaging trees from your property. To learn more, visit our website or call us on 0417 698 227 for a quote.