The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 provides a number of options for resolving disputes in relation to overhanging branches between neighbouring properties. Here we outline recommended resources to help you understand the responsibilities of a tree keeper and how neighbours can avoid tree disputes.
If you cannot resolve the dispute in relation to overhanging branches informally, you can issue a notice for removal of the branches or apply to QCAT for a decision to be made on the dispute.
What do I do when a dispute arises about overhanging branches?
What do I do if the dispute remains unresolved?
If you have tried resolving the dispute about the overhanging branches with your neighbour but the case remains unresolved, you can provide your neighbour with a Queensland Government FORM 3 – Notice for removal of particular overhanging branches. You must meet the following requirements to do so.
When you can issue a notice for removal of particular overhanging branches
You can issue a FORM 3 – Notice for removal of particular overhanging branches to the tree-keeper for removal of overhanging branches where branches:
- overhang more than 50cm over the boundary; and
- are less than 2.5m above the ground; and
- where the tree is not covered by a vegetation protection order (a local council order protecting a tree from having its branches lopped (cut off)).
The notice gives the tree-keeper 30 days to respond or rectify the problem.
If the neighbour does not act upon the notice within the required time period, you may remove the branches yourself and return them to the tree-keepers property or arrange for someone else to do so. However, you are not authorised to enter the tree-keeper’s land.
You can seek to recover up to $300 towards the cost of cutting and removing overhanging branches from the tree-keeper. If the tree-keeper does not reimburse you, then you may apply to QCAT to recover up to $300 as a minor debt dispute.
When you cannot issue a notice for removal of particular overhanging branches
You cannot issue a notice to the tree keeper for removal of overhanging branches where tree branches:
- are more than 2.5m above the ground; and
- overhang less than 50cm over the boundary.
You also cannot issue a notice for removal if the trees are covered by a vegetation protection order (a local council order protecting a tree from having its branches lopped (cut off)). The property may have protected vegetation if it:
- is located near or in river or a waterway corridor;
- is located in a bushland or rural area;
- contains large significant trees, even in an urban area; or
- has heritage values.
You can find out if a property is protected by a vegetation protection order by contacting the relevant local council.
If your dispute about overhanging branches does not meet the above criteria, you can consider making an application for a tree dispute.