Neighbour tree law in Western Australia: no tree Act named, civil disputes and the Magistrates Court
Western Australia has a Dividing Fences Act 1961 but the pages read for this guide describe no tree Act. The government page says general tree issues are civil disputes between neighbours, and Legal Aid WA sets out what it says a person is allowed to do about branches and roots. This page restates those pages.
Checked against the sources at the bottom of this page on October 8, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. It describes three Western Australian government pages as read on October 8, 2026. None of them names a tree section of a statute, so there are no section numbers for overhanging branches on this page.
What the state government page says about trees
The WA Government guide to dividing fences is about the Dividing Fences Act 1961. Under a heading of common matters not covered by the Act, it lists "tree debris, encroaching roots and overhanging tree branches" and describes them as branches or roots growing past the fence line and trees pushing on or damaging the fence without falling on it. For these, the page says general tree issues are civil disputes between neighbours and are resolved in the Magistrates Court if mutual agreement cannot be reached.
The same page says a dispute about a dividing fence is in most cases a civil matter dealt with by the Magistrates Court, and that any agreement, contract or covenant between owners of adjoining land overrides the provisions of the Act. It also points to Legal Aid WA for a fact sheet and video on tree nuisances and other boundary issues.
A tree that falls on a fence
The one place the government page ties a tree to a statutory duty is fence repair. It says the Act recognises a limited set of cases where an adjoining owner at fault must repair or renew a dividing fence at their own cost. Two are named: damage by fire, and damage by the falling of any tree or part of a tree. The page adds that an element of neglect on the part of the owner whose land the fire started on or the tree fell from must also be evident. For all other fence damage it says the adjoining owners must join in and contribute in equal proportions to the repairs.
The page says that where the neighbours are bound to repair at their cost and do not, the adjoining owner may repair or renew the fence and recover the whole cost by referring the matter to the Magistrates Court.
What Legal Aid WA says about branches and roots
Legal Aid WA, on a page last reviewed on March 4, 2026, says that unless a tree is protected by a tree preservation order, a person is allowed to cut an overhanging branch back to the point where it enters their property, and to dig up a root and cut it back to the boundary or fence line. It says care should be taken not to cause unnecessary damage to the tree, and that for a large amount of pruning that could damage the tree it is best to tell the neighbour first.
The page lists three things a person must not do: cut the branch or root on the neighbour's side of the boundary, poison the neighbour's tree or any roots on their own property, or enter the neighbour's property without their agreement. It says there is no duty to tell a neighbour before cutting back, though it is a good idea. It adds that some local councils have tree preservation orders that may ban pruning or removing specified trees without a permit, and that a person should check with the local council.
On cost, Legal Aid WA says that once a neighbour knows of the problem caused by their tree, or should have become aware of it, they have a responsibility to fix it so it does not continue or get worse. It says they may be responsible for the cost of pruning back to the boundary line or for repairs to damage from fallen branches or roots. The page describes writing to the neighbour with the problem, copies of quotes and a request to pay, and says mediation services are available when there is no agreement. It also says Legal Aid WA does not normally give legal advice on disputes with neighbours unless a restraining order is involved.
What the court page says
The Magistrates Court of Western Australia, on a page last updated on April 28, 2025, says the court deals with applications by owners of adjoining lands for the construction and repair of a dividing fence. It names Form 53 as the form used where there is no agreement or an owner cannot be found. The page does not mention trees. It sends readers to the state department that holds the dividing fence legislation for more information.
Protected trees are covered in the guide on council tree rules in Australia and New Zealand, and the other places are on the neighbour tree law overview.