Your neighbor is responsible for cutting any tree branches from your tree, or a tree on the property line, on their side. No. Until recently, the law was that you could cut off overhanging branches, but then had to throw them back over your neighbours fence. I am loath to pay to have them removed as I am confident that he is responsible. If your neighbour hasnt responded to the Notice for overhanging branches within 30 days, you may remove the branches yourself or arrange for someone else to cut and remove them. If it is a fruit tree, both neighbors can enter the others property to pick from the tree. 0000035547 00000 n If your neighbour has a tree that is encroaching onto your property then, provided that you have the necessary council permit that may be required, you are permitted to cut away the encroaching branches or roots in an attempt to abate the damage; and cut the encroaching limbs to the boundary of your land. If your neighbor cut down your tree without your permission, you can sue. 0000007352 00000 n This should deter them because they are more likely to be seen. If youve tried to resolve the issue and youre not getting anywhere the Queensland Civil and Administrative Tribunal (QCAT) can assist with tree disputes and make a legally enforceable decision on the issue. You can stop your neighbor from cutting down your tree by telling them you will sue them if they do so, or you expect to be paid for the value of the tree and for any damages. WebThe best way to surreptitiously kill a neighbours tree is by driving copper nails into its trunk or drilling holes in it and filling them with poison. Copyright Help us improve the content on our website or tell us what is working really well. If you can get a written agreement from him allowing you to cut the tree back that would be ideal. If the matter concerns overhanging branches, you should raise your concern with your landlord or agent. You say that the branches are likely to fall off of their own accord, but my concern there is that someone might be injured or some damage might be done to your neighbours garden. QCAT will appoint an independent arboralist to examine the tree, and then make what order it considers best in all the circumstances, which could include the removal of the tree. On the other hand, if someone poisons your tree, you can sue them for the destruction of property. In most areas, you will get the value of the tree, the money for damages, and possibly attorneys fees. Poisonings, uprootings and court stoushes: When neighbourhood tree disputes turn toxic - ABC News From crudely poisoned roots to whole trees being cut down in the dead of night, neighbourhood tree disputes are remarkably common and some people even sell up and move house as the fight gets personal. A commonly used product to clean stains from fibreglass is baking soda. Liability of the tree owner occurs in the following situations: a) If the land owner deliberately or recklessly uses their land in a way that will cause harm to their neighbour and the harm is considered by a judge to be an unreasonable infringement of their neighbours interest in their property then that person is liable and considered negligent in relation to his neighbour. You can sue your neighbor if they cut down your tree. Therefore let me declare my neighbours tree was attacked by a troupe of insatiable koalas. An application may concern an entire tree, part/s of the tree including roots. Natural causes? The state is not considered a tree-keeper for certain types of land, such as a national park; however, the holders of certain interests in these lands are defined as tree-keepers, such as the holder of an occupation permit, stock grazing permit or a permit under a stock grazing permit. The council may issue a notice for the landowner to control or remove the offending plants. We are here to help If you have a question about anything in this blog, call us on 02 8095 7977, email us at [E-Mail via form] or DM our Facebook or Instagram page and we will be more than happy to answer your questions, Liability limited by a scheme approved under Professional Standards Legislation, A succinct account of the Common Law surrounding tree dispute resolutions, This Blog offers an overview of the application of Australian common law in neighbourly tree disputes. There are 3 types of interferences that are recognised by law as a nuisance: 1. (Do This to Keep It Away for Good), How to Shut Down Your Neighbors Airbnb (Doing This Worked! )&F9a1l -.yaz*00)&!m.,"r'"l6&l! FEvsrn9qk{PK%m88rx0c? Now, if branches overhang your property by more than 5ocm and are no more than 2.5m from the ground, you can remove them yourself but do not have to return the cut branches to your neighbour. It might be useful to look at the outcomes of dividing fence disputes that have been through the resolution process in Queensland in the last few years if you find yourself in a dispute with your neighbour (s). Local councils also have biosecurity obligations in relation to managing invasive plants, and may also have an additional list of plants that are declared pests at a local level. WebNeighbourhood Trees. If your neighbors tree damages your property, he is not automatically liable for fixing the damage. For this nuisance to be actionable it must cause damage. If the tree is rotten and Something, or somebody, is killing our trees. In these scenarios the affected neighbour does have some legal rights to call for the trees to be reduced in size or even removed but what happens if the neighbour acts illegally and starts cutting and pruning the trees themselves? The laws apply to trees growing on residential land only. Also, look for yellowing or falling leaves. H$UiTWF\J1nQp( [# -M#B) [w 0000021348 00000 n Found yourself in a tree dispute with a neighbour? Section 8 is the name for, Read More How to Find Out if Your Neighbor Is on Section 8 (Do This! The cut branches or roots remain the property of the owner of the land on which the tree grows and thus should be returned to the tree owner to avoid liability for conversion of your neighbours property. You would need to apply two sprayed primer coats of paint and then three or four coats of sprayed epoxy paint to get your desired finish. Something in our hearts. Under I spoke to my neighbour and of course he denies anyinvolvement. However, unless it is an emergency, it would be prudent to check with the local council first because there are on-the-spot fines and significant court-imposed penalties for breaches of local laws. Smaller landowners (especially in urban areas) should contact their local council. If trees are growing through power lines, telephone lines, cable television lines andare on council land, it is necessary to contact the relevant power, telephone or television company, or council to trim the trees. You do not have to return branches, roots or fruit which you have trimmed from the neighbours tree but you can do so. Neighbor Has Too Many Cats: What Should I Do? Additionally, you can put up a privacy fence to deter them from trimming your bushes. You can also do the same for branches that reach over onto your side of the property line. Lorne is the sole habitat of that particular subspecies of koala that doubles as scapegoat. Untidy Neighbours You must provide the buyer with a copy of the existing QCAT application or order. - the encroachment of roots damaging a neighbours lawn or patio and interfering with their enjoyment of the land or gardening operations. The constant flow of strangers, loud, Read More How to Shut Down Your Neighbors Airbnb (Doing This Worked! The most commonly used remedy for a person affected by a neighbouring tree overhanging their property (which is not a protected tree or a tree growing on council land) is to cut the tree back to the boundary line and tidily return the branches to the tree owner. https://www.gotocourt.com.au/legal-news/tree-problems-qld/. You should also check to see if the tree is subject to a Tree Preservation Order or is in a conservation area before carrying out any work. Nick Bizley co-founded aspect.co.uk, the London-based maintenance and refurbishment company. When exercising the right of abatement, neighbours must take care to comply with any applicable tree or vegetation protection orders. The Bill contains provisions that guard against discrimination on . A report released on 11 October 2019 by the United Nations Special Rapporteur on extreme poverty and human rights has warned of the dangers of the digital welfare state. The common law right of abatement remains you may continue to remove any overhanging parts of the neighbours tree, but you no longer need to return those parts. She also volunteered at a Prisoner Legal Service, assisting inmates to obtain parole. But how? This includes branches you might not want to be cut. This style of application also is much faster than a Police prosecution and can more easily extend to every occupant on the neighbours property thus avoiding any difficulty with identifying which individual actually committed the past illegal pruning. 0000002246 00000 n If you want to plant a tree on the property line, check with your adjacent neighbor to see if they are okay with it. Many people who are residential tenants in New South Wales have been financially disadvantaged by COVID-19. We also recognise, respect and celebrate the cultural distinctions of the First Nations peoples and value their rich and positive contribution to Queensland and to broader Australian society. Finally, thoroughly rinse the tray with water and dry. Its easy to fall in love with trees. A tree spoiling a neighbours view, restricting flow of air onto a neighbours land or taking away light from a neighbours window are, We are here to help If you have a question about anything in this blog, call us on 02 8095 7977, email us at, 2023 Schmidt-Liermann Pty Ltd, ABN 11 147 193 404. If you notice your neighbor poisoning your tree, you can report them because it is illegal. abuse and swearing. 0000001296 00000 n The starting point is to give the person, grandly called the tree keeper (usually but not necessarily the owner of the land where the tree is growing) a notice to remove the offending branches. A tree owner can also be liable under the ordinary principles of negligence if the tree causes damage or injury that the neighbour ought to have foreseen and that could, with reasonable care, have been avoided. The Parliamentary sittings of May and June were cancelled and the budget was postponed until October. An abundance of plants and tree life in a garden is for many a wonderful thing but sometimes those same plants and trees provoke complaints from a neighbour over unwanted shade, obstruction of views or even damage from tree branches or roots. If you are concerned about a tree growing on your neighbours property, it is a good idea to let your neighbour know about your concerns and confirm your conversation in writing. It has always seemed to me that, as there is a technical trespass which is a civil wrong (a tort as we lawyers say), then on normal principles your neighbour is entitled to damages (ie compensation) for any losses he sustains as a result of the trespass, which would include the costs of cutting back the branches. This followed a long period of being the subject of his verbal threats. You might also get your attorneys fees paid for. The owner of the house next door has cut down all trees and shrubs on his land and moans about the leaves that blow from my trees into his garden. A couple of years ago, I noticed that one side of this trees growth was dying back. Joerg Schmidt-Liermann. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (the Act) sets out a process for residents to resolve neighbourhood disputes. Or, put up a security camera and see if they come back. You might also enjoy our post on If Your Neighbor Can Remove Your Boundary Fence Legally. Which neighbour has legal rights over the tree and under what circumstances is a neighbour legally allowed to prune, trim or even remove trees on their neighbouring property? In a tree-lined amphitheatre like Lorne almost everyone is annoyed by a bluegum blocking his or her otherwise perfect ocean view. Non-monetary decisions can be enforced through the Supreme Court. You have to pay for the value of the tree and for any damages you caused while cutting down the tree. The Order cant punish or compensate for any past damage but once the Order is made, any subsequent breach carries heavy penalties including fines or imprisonment and therefore usually acts as a sufficient deterrent against future damage. 0000022096 00000 n 0000052345 00000 n Yes. In a small town its no good her speculating that the neighbours might have poisoned the tree by drilling into its roots and injecting them with herbicide. Your Practical Guide to the Law in Queensland. If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice. They may think they are helping you. With respect we strive to achieve justice and inclusion for Aboriginal and Torres Strait Islander peoples. Attending court in person is generally mandatory in any court matter with appearances by phone or video conference reserved for when there are exceptional circumstances. or,have our lawyers There are laws regarding the trees on your property. If you notice a tree that looks like it could fall and cause damage, let the owner know so that they can take care of it. In this section, we will discuss what you can do about neighbors who want to cut your tree down, or what you can do if they already have. The roots are right against my fence. Would I be committing an offence if I poisoned the tree? A: You cannot poison your neighbour's tree. If you do then you could be committing the offence of criminal damage and find yourself facing court charges and a fine. You can sue them for the price of the tree itself and any damages done. In these parts the slow death that follows is known ironically as Otway Rot. If you have a tree that needs cutting that could fall on a powerline, call your power company. If youre still running into an overhanging dead end, you can escalate your tree dispute to the Queensland Civil and Administrative Tribunal (QCAT). Please try again later. Neighbors think they own the place, and on their property, they do, but when they treat your property and your trees like its theirs, you dont have to just sit around and let them do it. 2. As part of an independent tribunal, QCAT registry staff cannot provide legal advice. However, I am put off by having to pay three per cent stamp duty. Also, in some areas, if you sue, they can be charged three times the amount of the value of the tree plus a reforestation fee. What happens when your neighbour decides that the tree in your backyard is encroaching onto their property and obstructing their views? 423 views The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) (Neighbourhood Disputes Act) provides that the proper care and maintenance of a tree will be the responsibility of the tree-keeper and provides greater choices for neighbours about trees affecting their property: The Neighbourhood Disputes Act provides that in any decision by QCAT, the primary consideration is the safety of any person (s 71 Neighbourhood Disputes Act). We know our neighbours are midnight assassins slinking blackly through the fence line with a needle and a hammer. 3. The first $300 of the cost of this is recoverable from the tree keeper as a debt. Name for, Read More How to Shut down your neighbors Airbnb ( Doing This Worked or.. Concerns overhanging branches, roots or fruit which you have trimmed from the tree neighbour poisoned my tree qld for damages. 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