Tree Disputes

TIPS FOR AVOIDING TREE DISPUTES

It is always best to resolve any problems over trees directly with your neighbour. This will be quicker, cheaper and less stressful than taking legal action. Being on good terms with your neighbour will make it easier to discuss problems and resolve any issues before they get out of hand. It is always better to reach an agreement directly with your neighbour and avoid any possibility of a legal dispute.

Be careful about tree selection

When choosing trees, palms and shrubs for your garden always consider any adverse effect they could have on neighbouring properties in the future. While you may want privacy, the trees you plant might also shade your neighbour’s garden, drop litter, leaves or branches, on their property, or damage their property with their roots.

If they could become a problem in the future, you should discuss the potential issue with your neighbour before you plant them.

Maintain and care for your trees, palms and shrubs

You should take care of your trees, palms and shrubs to ensure they do not affect your neighbour’s property and their enjoyment of it.  That could include cutting them back so they do not cause excessive shade or litter.  You should also cut and remove any tree branches which overhang your neighbour’s property.  Knowing your legal responsibilities as a tree-keeper is important.

Know your legal responsibilities as a tree-keeper

Make sure you are familiar with your responsibilities under the law as a tree-keeper.  Trees and their impact on a neighbour’s property are covered by The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011

If an issue arises,  act quickly and seek help and if a dispute over a tree develops with a neighbour, you should aim to find a solution quickly, before the issue gets out of hand.

If you allow the dispute to linger it will only get worse.

Source: https://www.qld.gov.au