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Tree Disputes Queensland

Tree disputes in Queensland often arise when neighbours disagree over trees that impact their properties. Understanding your rights and the legal guidelines set out in the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 is crucial for effective conflict resolution. At Fox Piper, we offer expert legal assistance for tree disputes, providing comprehensive support and representation throughout Brisbane and Queensland to help you manage and resolve these conflicts.

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What is a
Tree Dispute?

Disagreements over trees in Queensland are common when neighbours find that trees affect their properties. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 sets out clear guidelines on issues such as ownership of trees on shared boundaries, responsibilities for maintenance and procedures for resolving disputes. It is essential to understand these legal principles to effectively manage and resolve any conflicts. At Fox Piper, we have the expertise to help you manage a tree dispute and guide you towards the best resolution possible.

Dangers and Consequences

Failure to address tree disputes can lead to:

  • Escalated conflicts and strained relationships with neighbours.
  • Potential legal expenses and court intervention.
  • Damage to property and ongoing disputes.

 
Engaging Fox Piper can help mitigate risks by providing expert guidance and facilitating amicable resolutions under Queensland law.

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            Resolve your dispute in 3 easy steps

            Step 1

            Submit Your Enquiry

            Provide us with details about your situation. We will assess to see how best we can help you. All enquiry submissions are confidential.

            Step 2

            Speak with a solicitor

            We will take the time to understand your circumstances and give you guidance.

            We will speak with you about your matter, give you options, and most importantly potential solutions.

            Step 3

            Post-consultation email

            We know that legal matters can be stressful and that our initial consultation can contain a lot of information. After our consultation we will send you an email with an overview and next steps so you have something to reflect upon and make a careful and considered decision.

            Why Fox Piper?

            Fox Piper has the experience and knowledge that allows us to successfully handle tree disputes. We understand that each case is unique. Our personalised approach ensures that we tailor our strategies to meet your specific needs and circumstances. From initial legal advice to representation in complex matters before the Queensland Civil and Administrative Tribunal (QCAT), we provide comprehensive services to support you throughout the dispute resolution process.

            Our Services

            • Providing expert advice on rights and responsibilities regarding trees under Queensland legislation for residential, commercial and agricultural properties.

            • Drafting correspondence and negotiating with neighbours.

            • Preparation of legal documents, submissions and evidence.

            • Representation in both complex and simple matters before Queensland Civil and Administrative Tribunal (QCAT).

            Take the First Step

            Tell us about your dispute, and our team will assess your enquiry and guide you on possible next steps. We’re here to help you navigate the process with clarity and confidence.

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            FAQs

            • What does the law consider a tree?

              The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 defines a tree broadly to include any woody perennial plant or plant resembling a tree in form and size.

            • Who owns a tree on shared boundaries?

              Ownership is shared equally if the tree trunk crosses the boundary, as per the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.

            • Who decides tree disputes?

              Queensland Civil and Administrative Tribunal (QCAT) has jurisdiction over tree disputes affecting adjoining lands, pursuant to the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.

            • Can I remove a tree without permission?

              If you are not the owner of the tree, then the answer is no, as you generally need permission from the neighbour or QCAT approval under certain circumstances outlined in the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.

            • What should I do if my neighbour's tree is causing damage to my property?

              You should contact Fox Piper to seek advice and have us attempt to resolve the issue amicably with your neighbour.

            Source
            Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld)

            Fox Piper does not guarantee the accuracy of the content on the Fox Piper website or the suitability of content for your circumstances.

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