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.
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.
Failure to address tree disputes can lead to:
Engaging Fox Piper can help mitigate risks by providing expert guidance and facilitating amicable resolutions under Queensland law.
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
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.
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.
Ownership is shared equally if the tree trunk crosses the boundary, as per the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.
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.
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.
You should contact Fox Piper to seek advice and have us attempt to resolve the issue amicably with your neighbour.
