- Tuesday 26 April 2016
According to the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, land is affected by a tree if branches of a tree overhang the land, if the tree has or is likely to cause injury or property damage in the next 12 months, or causes substantial and ongoing interference with the neighbour’s enjoyment of the land.
The affected land must also adjoin the land on which the tree is situated, or only be separated by a road.
The individual responsible for the land on which the tree is situated is responsible for maintaining the tree, and should cut and remove any branches that overhang a neighbour’s land.
As a civil matter between neighbours, council does not become involved and you are encouraged to resolve disputes about trees informally. However, the Queensland Civil and Administrative Tribunal is the authority that deals with these matters if neighbours cannot reach a resolution.