Our gardens and mature trees are a big part of what makes Featherwood such a pleasant place to live. But trees also come with responsibilities — and a few legal rules worth knowing, especially where branches and roots cross a boundary. Here is a quick, plain-language guide for residents.
Storm damage and healthy trees
If a healthy tree is uprooted in a severe storm, that is generally treated as an “act of God”, and the owner is usually not liable for the damage. The picture changes if a tree was visibly dead or diseased and warnings were ignored — then the owner can be held responsible. If a neighbour’s tree damages your property, you would typically claim through your own building insurance.
Overhanging branches
You are entitled to trim branches that cross over your boundary line, but the law asks you to do so considerately: give your neighbour reasonable notice first, offer the cut branches back to them, and never enter their property without permission. These principles go back to the well-known case of Malherbe v Ceres Municipality (1951).
Living in an estate
In a community scheme like ours, the Body Corporate and trustees are responsible for trees on common property, including arranging regular assessments and pruning. Residents should not take matters into their own hands — rather log a maintenance request through the estate office so it can be handled properly and safely.
Municipal and protected trees
Street trees belong to the municipality: trimming or removing one without written permission can carry heavy fines. Certain protected indigenous species, such as baobabs and yellowwoods, may not be cut without a licence — even on private property.
The simple takeaway
Talk to your neighbour early, prune regularly, and when in doubt about a tree on common property, contact the estate office. A little communication usually prevents a lot of trouble.
This article summarises a piece by Kirsten Minnaar published by Daily Investor (6 June 2026). Read the full article on Daily Investor.