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Bettesworth Construction
arborist

Neighbour’s Gum Tree Drops Branches: What Dalkeith Residents Can Do

After a neighbour’s gum tree drops branches, Dalkeith residents can document the incident, talk with the neighbour, check City of Nedlands rules and seek a qualified arborist’s assessment if safety remains a concern.

By Bettesworth Construction Team 3 min read
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A fallen branch is a good reason to document what happened and ask for an assessment, but it does not by itself prove that the tree is unsafe. If you are in Dalkeith, speak with the neighbour, check the City of Nedlands’ current tree rules before arranging substantial pruning, and ask the City what process applies. If you still have a safety concern, a qualified consulting arborist can assess the tree on site.

What to do first after branches fall

  1. Keep clear of the area. Do not approach hanging or unstable branches, climb the tree, or attempt heavy cutting. Keep children and others away from the immediate fall area until it is safe.
  2. Record what happened from a safe location. Note the date, where the branch landed and its approximate size. Photograph the branch and any damage without putting yourself beneath a damaged canopy. These are practical record-keeping steps, not a formal evidence requirement.
  3. Tell the neighbour calmly. Explain what fell and when, share photographs if useful, and ask to discuss an inspection or safe maintenance plan. Legal Aid WA notes that a neighbour may not know about the effect a tree is having on adjoining property and encourages talking first: Dealing with neighbours.
  4. Ask the City of Nedlands which rules and process apply. Confirm whether the tree is on private land or a street/verge, whether it is regulated, and what information the City needs before any proposed work.
  5. Consider an arborist’s written assessment if concern remains. A site-specific report can help establish the tree’s condition and whether there is a safety issue. A branch drop alone cannot answer that question.

Check Nedlands’ tree rules before pruning

The City of Nedlands adopted Local Planning Policy 3.3 in July 2024. The City describes regulated-tree criteria that include a canopy diameter of 6 metres or more, a height of 8 metres or more, or specified trunk-circumference criteria: City tree-retention policy announcement. The policy FAQ explains that regulated-tree status and exemptions for certain maintenance pruning need to be considered together: Tree retention policy FAQs.

For a single-trunk tree, the FAQ gives a circumference threshold of 1.5 metres measured 1.4 metres above ground. These criteria do not establish whether this particular gum is regulated: its measurements, location, zoning and the proposed work matter. Ask the City before arranging substantial pruning or removal.

The FAQ describes circumstances in which a neighbour may prune a branch or root back to the shared boundary without approval, including removing dead wood or pruning to balance or thin the crown without harming the tree’s overall health. The applicable rule depends on the tree and work proposed, so do not treat this as blanket permission to cut a neighbour’s tree.

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Can you cut back a branch that overhangs your property?

Legal Aid WA’s general guidance says a person may cut an overhanging branch back to the point where it enters their property unless the tree is protected by a tree preservation order. It also advises avoiding unnecessary damage and speaking with the neighbour before work that could harm the tree: Dividing fences and other boundary issues. This is general WA guidance; Nedlands’ more specific tree-retention rules may also apply. Check with the City before doing substantial work.

Is the tree private or a street tree?

Ask the City to confirm whether the tree is on the neighbour’s land or on a verge or other public land. For street trees, the City says pruning is handled by suitably qualified personnel: Street Trees. Do not prune a street tree yourself.

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Do not climb, use a chainsaw, or work near power lines based on general advice. The City’s emergency guidance recommends hiring a contractor when branches around power lines need clearing: Emergency Management. Stay away from power lines and seek appropriate assistance.

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What if there is damage or the disagreement continues?

If a branch damaged a fence, building or other property, keep photographs and records of the damage and any repair estimates. Ask the City what it needs for a tree-related enquiry. The City of Canning describes a written request that identifies damage, repair estimates and the work requested, but that is an example of another council’s process, not a Nedlands requirement: Resolving disputes with neighbours.

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If discussion does not resolve the issue, consider mediation or case-specific legal advice. The facts of any injury or loss matter, and the available information does not establish automatic neighbour liability for a future incident. Legal Aid WA cautions that court action can be costly, stressful and lengthy and discusses options for neighbour disputes at Dealing with neighbours. For an actual injury, loss or threatened claim, get advice based on the circumstances rather than assuming a claim will succeed.

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