Disagreements about trees and vegetation crossing property boundaries are a major cause of neighbourhood conflict.
The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (‘the Act’) sets out a process for residents to resolve neighbourhood disputes. It also encourages residents to be good neighbours and resolve their disputes concerning trees and fences in a friendly and timely manner.
We do not have responsibility for enforcing the Act.
The Act outlines the rights and responsibilities of all parties involved. Under the Act the proper care and maintenance of a tree will be the responsibility of the ‘tree keeper’. The Act provides greater choices for neighbours about trees affecting their property.
The Queensland Civil and Administrative Tribunal (QCAT) has jurisdiction to hear and decide any matter in relation to a tree in which it is alleged that the land is affected by the tree. QCAT provides a single tribunal through that the community can access justice. QCAT provides the community with a more accessible, informal and responsive means of resolving neighbourhood disputes.
The Act does not apply to all trees
The Act does not apply to trees on rural land, land that is more than 4ha in size, or land owned by a local government that is used as a public park or land reserved for community purposes, including roads.
The Act also excludes trees planted or maintained for certain purposes such as for commercial purposes or as a condition of a development approval.
Where a tree is situated on excluded land owned by Council, we will make an assessment as to whether the tree poses an unacceptable risk to property or public safety and will arrange for trimming or removal where necessary.
In neighbourhood disputes, the best approach is always to reach an amicable agreement. In the first instance, speaking with your neighbour is sometimes better than giving formal notices. If this fails, the Act sets out the process for residents to use to resolving such disputes. In some circumstances using an independent mediator can assist neighbours to reach a mutually agreed solution.
Mediators are available through the Dispute Resolution Centre or the Citizens Advice Bureau. Legal action should be a last resort as it can be costly and tends to worsen neighbour relations.
The Act outlines the rights and responsibilities of all parties involved. Under the Act the proper care and maintenance of a tree will be the responsibility of the ‘tree keeper’. The Act provides greater choices for neighbours about trees affecting their property.
The Queensland Civil and Administrative Tribunal (QCAT) has jurisdiction to hear and decide any matter in relation to a tree in which it is alleged that the land is affected by the tree. QCAT provides a single tribunal through that the community can access justice. QCAT provides the community with a more accessible, informal and responsive means of resolving neighbourhood disputes.
The Act does not apply to all trees
The Act does not apply to trees on rural land, land that is more than 4ha in size, or land owned by a local government that is used as a public park or land reserved for community purposes, including roads.
The Act also excludes trees planted or maintained for certain purposes such as for commercial purposes or as a condition of a development approval.
Where a tree is situated on excluded land owned by Council, we will make an assessment as to whether the tree poses an unacceptable risk to property or public safety and will arrange for trimming or removal where necessary.
Can I remove a tree on my property that is causing a nuisance e.g. dropping fruit, leaves, branches, etc?
Check the Protected Plants Flora Survey Trigger Map before you remove a tree so ascertain its vegetation protection and conservation status (if any). Trees on private land are protected under the Vegetation Management Code and some areas are covered by additional codes.
Can I remove a tree on the footpath in front of my property that is blocking my view?
You are not allowed to remove, prune or top a TRC‐owned tree and penalties may apply under Local and State Laws. The tree may also be important for native wildlife and the aesthetics of the area. Lopping or topping a tree may worsen the tree structure, lead to fungal infection or weaken the tree making it unstable or susceptible to failure.
Can I cut back the roots from my neighbour’s tree that are invading my property and interfering with my fence/drains/driveway?
You may be allowed to cut them but get permission from the tree owner first. It is also worthwhile getting advice from a qualified arborist as cutting the roots too close to the tree trunk may affect the stability of the tree and could result in whole tree failure.
What can I do about my neighbour’s tree that has long branches overhanging my property and causing a nuisance?
Discuss the issue with your neighbour before taking action. Pruning should follow correct techniques that avoid decay and other hazards like epicormic regrowth at pruning wounds and unbalancing of the tree. If in doubt, always seek the advice of a qualified arborist regarding pruning to the Australian Standard for Pruning of Amenity Trees — AS4373‐2007.
What do I do if I want to remove a tree because it is in the way of a new driveway?
Include details about the tree issue during the driveway crossover application process. We will carry out an inspection of the tree in relation to safety and stability, as well as the protection status of the tree. If the driveway crossover is approved and the tree needs to be removed, you may be liable for the cost of removal.
What can I do about my neighbour’s tree that has grown so much that it shades my roof and now my solar cells are not receiving enough sunlight?
You should discuss the issue with the tree owner. If the solar cells were installed after the planting of the tree then the neighbour has recourse not to prune the tree if they do not want to. If the solar cells were installed before the tree was planted, you have reasonable grounds to ask your neighbour to prune or remove the tree. You should consider the amenity the tree provides and look into developments in solar panel technology that allows for shading over the panels.
What do I do if continual leaf drop from a bordering tree is filling up the gutters on my house and I want the tree removed?
Life in the tropics goes hand in hand with trees and leaf drop. You should regularly clear your gutters and consider installing gutter guard. You can talk to your neighbour about pruning the tree or arrange a condition assessment of the tree by a qualified arborist as there may be a reason the tree is dropping more leaves than usual.
What can I do about the termite nest in a tree on TRC land?
Termite infestations in trees on TRC land will only be treated if the trees pose a threat to property or people. It is your responsibility to protect your property from termite infestation. TRC has no legal responsibility to treat termites found in trees or land under its control and is not responsible for any damage to private property attributed to termites detected on land under its control.
Should I put grass clippings around my trees or around trees on TRC land?
Mulching is beneficial for nutrients and moisture retention in the soil, however mulching around the base of a tree with fresh material like grass clippings or fresh woodchips is not recommended. Instead you should mulch around the tree with well‐composted mulch and spread it as wide as possible. It should be no deeper than 10cm and you should not mulch against the trunk of the tree. If you do, there is a risk that the mulch will start or continue composting and may damage the tree.
Can I remove a tree on a neighbouring property because it may be dangerous in a cyclone and my insurer is charging me higher premiums because of it?
There is always a possibility that a tree may fail in severe weather and damage property, however there is no way to know that it will definitely fail or if it should fail, that it would damage your house. Healthy, well-maintained trees around a building can help dissipate wind force and protect the house from the wind. Once removed there is no protection and the building is fully exposed. Regular tree condition assessments by a qualified arborist and suggested remedial action work will ensure trees are in good condition. You can forward the condition assessment report and statement of maintenance from the arborist to your insurance company as proof of responsible tree maintenance and ownership. This may assist in negotiating your premiums with the insurer.