Tree disputes - QCAT Queensland Civil and Administrative Tribunal

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Tree disputes

The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 provides options for resolving tree disputes.

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

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.

Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.

Tree professionals

To locate a qualified arborist (tree professional) contact the Queensland Arboricultural Association.

We cannot provide legal advice

As part of an independent tribunal, QCAT registry staff cannot provide legal advice.

Registry staff can explain and answer questions about how QCAT works and its processes.

Registry staff cannot help with:

* whether or not you should submit an application
* whether your application is under the correct jurisdiction
* if you should lodge an appeal or a counter-application
* recommending a specific lawyer to assist you
* how to word your application, supporting documents or what to say at a proceeding
* contacting a QCAT member or adjudicator directly
* predicting likely outcomes of a case or appeal
* helping you to prepare your case
* advising what orders/decisions you should seek
* explaining what you should do to follow QCAT directions
* enforcing an order or decision of the tribunal
* advising exact timeframes for resolution of a matter – this depends on your individual matter.

Last reviewed
21 February 2019
Last updated
21 February 2019

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