A large tree can add shade, privacy and character to a neighbourhood. It can also drop leaves into your swimming pool, damage a boundary wall or block your driveway. Before fetching the pruning saw, however, it is worth understanding who owns the tree and what South African law allows.
When your neighbour's tree hangs over your wall
Under South African neighbour law, you can generally require a neighbour to deal with branches encroaching onto your property. The sensible first step is to ask your neighbour, preferably in writing, to trim the overhanging branches and allow them reasonable time to do so.
If they fail to act, you may generally trim the encroaching branches back to your boundary, provided the work is reasonable and lawful.
However, there are some important limitations:
- You may not enter your neighbour's property without permission.
- You should not cut beyond your boundary or remove the entire tree.
- You must avoid pruning that could seriously damage, destabilise or kill the tree.
- Protected tree species may require additional authorisation.
For substantial branches, it is advisable to employ a qualified tree specialist.
What about falling leaves and damaging roots?
There is an important difference between ordinary inconvenience and actual property damage. Your neighbour is not automatically responsible for leaves, flowers or seeds falling into your swimming pool or gutters. These are generally regarded as normal consequences of having trees in a residential neighbourhood. However, if roots are cracking your boundary wall, lifting paving or threatening your foundations, the situation becomes more serious. Document the damage and seek professional advice before cutting major roots, as doing so could destabilise the tree.
What if the tree is on your municipal verge?
This is where the rules change considerably. The verge is generally the strip of land between your property's boundary and the road. Although you may maintain this area, it usually forms part of the municipal road reserve. Even if you planted the tree, paid for it and have maintained it for 20 years, that does not automatically give you the right to prune or remove it. For Johannesburg and Midrand properties falling within the City of Johannesburg, municipal street trees are managed by Johannesburg City Parks and Zoo (JCPZ). The City's Public Open Spaces By-law, gazetted in January 2026, specifically prohibits cutting down, lopping or pruning trees in public open spaces without written municipal consent. This means that even seemingly harmless pruning of lower branches could constitute a by-law infringement.
Could you be fined for pruning your own verge tree?
Yes, unauthorised pruning or removal can result in municipal penalties, and you may be held liable for damage to the tree. Johannesburg City Parks has specifically warned residents about illegal tree cutting and the financial consequences. The fact that you originally planted the tree is not an exemption.
Will the municipality prune or remove the tree?
Johannesburg City Parks does consider requests to prune trees where:
- Branches obstruct pedestrians, roads or traffic.
- Branches extend over a property's boundary wall.
- Roots create a safety hazard.
- Roots damage buildings, paving or roads.
However, the municipality is considerably more restrictive when it comes to removing healthy trees. Requests based simply on falling leaves, blocked sunlight, obstructed views or swimming pool maintenance are generally not sufficient grounds for removal.
What should homeowners do?
If a tree is causing problems, follow these steps:
1. Establish who owns the land. Confirm whether the tree is on private property, a municipal verge or common property within an estate.
2. Record the problem. Photograph overhanging branches, damaged paving, invasive roots or any potential safety hazards.
3. Contact the responsible authority. For municipal trees in Johannesburg, contact Joburg Connect on 011 375 5555 or email joburgconnect@joburg.org.za. You can also contact Johannesburg City Parks and Zoo on 011 712 6600.
4. Obtain written permission. Do not instruct a private tree-felling contractor to prune a municipal tree until the necessary approval has been obtained.
5. Check for protected species. Certain tree species enjoy additional protection under the National Forests Act, even when growing on private property.
Residents living in estates or complexes should also check their HOA or body corporate rules before undertaking tree work.
The bottom line
A neighbour's tree growing across your boundary is generally something you can address, provided you act reasonably and give your neighbour the opportunity to resolve the problem. A tree growing on a municipal verge is a different matter. In Johannesburg, the municipality controls pruning and removal unless the required written permission has been granted. Before taking a saw to a troublesome tree, establish exactly where it stands and who has authority over it. A little patience and the correct permission could save you an unnecessary neighbour dispute — or a substantial municipal penalty.
LWP Properties | Beyond the Sale
This article provides general information. The applicable rules may differ between municipalities, and legal or professional advice should be obtained where significant damage or disputes are involved.
