Call our lawyers
now
or,
have our lawyers
call you
Tree Disputes (Qld)
Updated on Oct 10, 2022 • 4 min read • 336 views • Copy Link
Tree Disputes (Qld)
Neighbourhood disputes sometimes arise about one or more trees on adjoining properties. These disputes are regulated by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. If a tree dispute cannot be resolved directly between the parties, it may be necessary to make an application to QCAT to determine how the situation is to be resolved. This article deals with tree disputes in Queensland.
Talk to your neighbour about the tree dispute
It is always best to resolve neighbourhood disputes directly with your neighbour. Disputes about trees can be avoided by being familiar with your responsibilities as a tree-keeper and carefully selecting trees that are suitable for your environment.
If you become involved in a tree dispute, the first step to take is to talk to your neighbour. If you are unable to resolve the situation directly, consider inviting them to take part in mediation at one of the Queensland government’s dispute resolution centres.
Overhanging branches
A tree-keeper is responsible for removing any branches of trees that overhang their neighbour’s land and for ensuring that the trees do not cause serious injury, serious damage to property or significant interference with a person’s use or enjoyment of their land.
If a tree is overhanging a person’s property, the person may give a written notice to their neighbour asking them to cut and remove the overhanging branches. The notice must give the neighbour a timeframe (no less than 30 days) for removing the overhanging branches and ask them to provide notice or when the work will be done and by whom. It should also give the neighbour permission to enter property to cut and remove the tree branches.
If the branches are not cut and removed within the timeframe given, the person may cut and remove the branches themselves, but may not enter the neighbour’s property to do so.
QCAT and tree disputes
If a tree dispute cannot be resolved directly or through mediation, a person may apply to QCAT for resolution of the dispute. QCAT may make the order it thinks appropriate in relation to tree in order to:
- Prevent serious injury;
- Prevent serious damage to neighbouring land or property on it;
- Prevent substantial, ongoing and unreasonable interference with the use and enjoyment of the neighbouring property.
To achieve this, QCAT may order that work must be done on a tree on a one-off basis or on a regular basis, or that trees be maintained at a particular height or shape. It may also make other orders, including orders as to who is to pay the costs of carrying out the work, or an order for compensation to be paid for damage to land or property.
Protected trees
Some trees cannot be removed without a permit. These are trees that are of a specific species and dimension or that significantly contribute to the landscape character of an area. Trees that are protected in Brisbane include Jacaranda and Poinciana trees that are taller than 80 cm and fig trees that are taller than 100 cm. These trees are protected under the Natural Assets Local Law 2003.
If a person in planning work that may impact a protected tree, they should apply to their local council for a permit.
Verge planting
Different local councils have different rules about residents planting on the nature strips outside their homes. The Brisbane City Council permits the planting of shrubs and groundcover on verges. However, trees may not be planted on verges.
Verge gardens are on public land, but residents are required to maintain them. If a verge garden is not adequately maintained, the council may remove it.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Neighbourhood disputes commonly arise about issues such as fences, pets and excessive noise. These disputes can often can be resolved informally by talking to the neighbour and letting them know when their actions are affecting you. When this is not possible, the dispute may need to be taken to arbitration, ....
Posted in:
Neighbourhood Disputes
Neighbourhood disputes often arise in Victoria over issues such as fences and boundary lines, noise, trees and pets. When a dispute arises between neighbours, they should always try to resolve the situation directly with the other party. If an agreement cannot be reached, a party can complain to the local ....
Posted in:
Neighbourhood Disputes
Tree disputes generally occur between neighbours. In some instances, the tree may be obstructing a neighbour’s view. In most instances, proceedings are commenced because the tree or trees in question are causing damage to a neighbouring property. The legislation which governs tree disputes is the Trees (Disputes Between Neighbours) Act ....
Posted in:
Disputes
Neighbourhood Disputes
Fence disputes often occur between neighbours. They can relate to an existing fence, to the boundary lines of properties, or to retaining walls. Different legislation is applicable to different types of fence disputes. Fence disputes regarding fences which divide two neighbouring properties are governed by the Dividing Fences Act 1991. ....
Posted in:
Neighbourhood Disputes
Neighbourhood disputes can arise in relation to a range of everyday matters. One common problem is excessive noise caused by or coming from the property of a neighbour. If your neighbour is making excessive noise and you cannot resolve the problem by talking to them, there are a number of ....
Posted in:
Neighbourhood Disputes
Cats And Dogs And The Law (Qld)
In Queensland, the keeping of domestic animals is regulated by the Animal Management (Cats and Dogs) Act 2008 as well as by various by-laws. This legislation sets out the responsibilities of owners and keepers of cats and dogs, the procedures to be followed in investigating non-compliance with the laws and ....
Posted in:
Neighbourhood Disputes
Can I Cut Down My Trees? (Qld)
A homeowner may want to remove a tree on their property for a variety of reasons. For instance, the tree may be in danger of falling on the house. Still, homeowners need to ensure that they follow the law when removing a tree. Violating this law can incur heavy penalties ....
Posted in:
Neighbourhood Disputes
Neighbourhood Disputes (SA) Disagreements that arise between neighbours can often be resolved informally, by talking to your neighbour and letting them know how their actions are affecting you. When it is not possible to resolve a neighbourhood dispute face to face, there are various procedures that can be followed to ....
Posted in:
Neighbourhood Disputes
How to Deal With a Neighbourhood Dispute (SA)
How to Deal With a Neighbourhood Dispute (SA) Disputes can occur between neighbours for a range of reasons such as shared fences, trees noise and animals. When a neighbourhood dispute arises it is always best to try to resolve it directly with the neighbour. If this is not possible, it ....
Posted in:
Neighbourhood Disputes
Neighbourhood disputes sometimes arise about the dividing fence between two properties. Disputes about fences in Queensland are governed by the Neighbourhood Disputes (Fences and Trees) Act 2011. While most fencing disputes can be resolved directly between the parties concerned, it is sometimes necessary to resort to making an application to ....
Posted in:
Neighbourhood Disputes
It is common for disputes to arise between neighbours in urban and suburban areas. These may concern noisy dogs, loud parties, overhanging trees or a fence that needs to be repaired. The majority of neighbourhood disputes can be resolved by talking to the other party directly and arriving at a ....
Posted in:
Neighbourhood Disputes
Neighbourhood Disputes (Qld) When you are living in an urban area, you are likely to have neighbours in close proximity to you and you may be affected by their actions or inactions. Neighbourhood disputes commonly arise in relation to trees, shared fences or animals. While disputes about trees and fences ....
Posted in:
Neighbourhood Disputes