Backyard law is folklore law: everyone’s mate has a story about what you can and can’t do with your own trees. Some of those stories are expensive to believe — unlawful clearing fines in Queensland can reach into the hundreds of thousands for serious cases.

Let’s replace folklore with fact.

Myth: “It’s my property, so it’s my tree”

Ownership isn’t the test — protection status is. Planning schemes protect vegetation based on size, species, location and overlays, regardless of whose fence it’s inside. On the Sunshine Coast, protected vegetation needs approval; in the Noosa Shire, most clearing on private land needs a permit.

Myth: “Dead trees never need approval”

Mostly true in spirit — genuinely dead or immediately dangerous trees are commonly exempt — but the catch is proof. Photograph it, keep evidence, and where possible get an arborist letter, because “it was dead, trust me” holds up poorly after the fact.

Myth: “The nature strip out front is mine to manage”

The verge is council land, even though you mow it. Street trees and verge vegetation generally need a council permit to prune or remove — and councils take street tree damage personally.

Myth: “My neighbour can’t touch my overhanging tree”

Under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, neighbours generally may prune overhanging branches to the boundary (with conditions, and at their cost). Knowing this early turns feuds into conversations.

Myth: “Small lots are exempt from everything”

Small-lot and building-related exemptions exist, but they’re conditional — overlays, covenants, previous approvals and koala mapping can all still apply. The only safe sentence is: “check first”.

Myth: “If council doesn’t catch me, it didn’t happen”

Clearing is permanent evidence — satellite imagery and development applications have long memories. Unlawful clearing can haunt later sales and DAs years after the fact.