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Tree disputes

From 1 November 2011 the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 formerly known as Neighbourhood Disputes Resolution Act 2011, provides new options for resolving tree disputes.

For more information on the responsibilities of tree-keepers, including dealing with overhanging branches and a step-by-step guide to dealing with neighbourhood disputes visit...

What is a tree dispute?

A tree dispute is a disagreement between neighbours about one or more trees on adjoining properties.

Generally, QCAT can make decisions for trees growing on residential land regarding:

How can I avoid a tree dispute?

Avoiding and resolving disputes with your neighbour will be quicker and cheaper than taking legal action. To avoid tree disputes and keep the peace in your neighbourhood:

How can I resolve a tree dispute?

If you cannot avoid a dispute and cannot reach an agreement, you may wish to contact a Dispute Resolution Centre to discuss free mediation options before you take any legal action.

If you are unable to resolve the issue through mediation, you may wish to seek legal advice on your options including an application to QCAT.

Tree dispute legislation

Queensland legislation related to tree disputes includes the:

  • Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 formerly known as Neighbourhood Disputes Resolution Act 2011
  • Queensland Civil and Administrative Tribunal Act 2009

The Acts are available on the Office of the Queensland Parliamentary Counsel website.

Any description of QCAT's jurisdiction on this website is general information only and is not intended to precisely define the types of applications that QCAT has the power to decide. QCAT's jurisdiction is determined by the relevant legislation. If you are unsure about your legal rights you should seek legal advice. Any actions taken to resolve your dispute should be determined by your individual circumstances.
Last reviewed
11 November 2013
Last updated
11 November 2013

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