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Hi everybody - George Sourris, Empire Legal.
Today's topic: Tree Disputes Queensland - what you need to know!
Today we are talking about - trees. Some people love them, some people hate them. When it comes to property and neighbours, it's a contentious topic, often causing conflict, friction and stress. Today we're diving into all you need to know about tree disputes in Queensland.
The Neighbourhood Disputes, Dividing Fences and Trees Act (2011) provides a number of options for resolving tree disputes. It's important to understand your responsibilities as a tree keeper and how neighbours can avoid tree disputes. Generally, before you make an application to Queensland Civil and Administrative Tribunal (QCAT) to resolve a tree dispute, parties need to have attempted to resolve the dispute informally.
Put simply, if a tree is on your land, it's your responsibility. If it affects your neighbour, then there's a problem. Click here for inforamtion on Tree Keeper's responsibilities, as outlined by the Queensland Government.
Step one is to chat to the neighbour and try to reach agreement. If they manage to reach agreement, great, your problem is solved. If not, the next step is to apply for formal mediation. There are dispute resolution centres across Queensland with a mediator who takes an impartial role to hopefully allow the parties to reach agreement.
If they do, great, your problem solved. If not, the next step is to apply to go to court. In Queensland, QCAT is the governing body that manages tree disputes. Here is the link for lodging a tree dispute with QCAT.
Once the application is made to QCAT, QCAT will issue directions to the parties involved on how the matter will proceed. The respondent is served and must respond to the claim. Evidence and other supporting material is then filed by both parties. Then QCAT organises a proceeding, and a date is set.
Parties can engage lawyers if they choose, to assist them, although it's not a requirement. Generally speaking, QCAT matters are informal, meaning that the parties are represented without a lawyer, although they can ask to have representation. QCAT then makes a final decision. If you're not satisfied with the final decision, you can appeal the decision or ask QCAT to reopen the matter.
Also, if the parties happen to agree privately prior, they can withdraw the matter from QCAT.
At Empire Legal, we do not represent clients for disputes. However, we do see disputes occur all the time. They're stressful, costly, and lengthy. We would always suggest attempting to resolve without the need of the court if possible. You end up with hefty legal bills, stressed out, and it's a long drawn out process.
We have lawyers that we refer our clients to that can help. Just get in touch with us. There's a stack of information regarding tree disputes on the Queensland Government website. As discussed, we have a link in the blog.
Guys, you want to be careful as well as a vendor - you have to disclose if there is any active tree dispute in Queensland. It's a section on the REIQ contract that you tick. So if you do, that has to be disclosed.
Another thing to keep in mind is online you can search the QCAT Tree Orders Register. This tree order register contains details of orders made against an owner of a property when it comes to a tree on that property.
So as we now know, QCAT can make an order when it comes to trees on a property for matters such as complete removal or for trimming of branches or leaves on a regular basis. A search of the tree orders register will quickly identify if a property is subject to such orders. So, a tree can be protected under a Vegetation Protection Order (VPO) which is issued by local councils to prevent the tree from being cut down or having its branches trimmed.
This order can also apply to dead trees if they provide habitat for protected species like possums or birds. If you try to remove a tree that is damaged, that is covered by a VPO, you could face fines even if the tree is causing issues on your property. To lift A VPO, you need to submit an application to QCAT.
If a neighbour's tree has branches hanging 50 cm or less over the boundary line, and it's less than 2.5 metres off the ground, you can issue them with a "Form 3 - Notice of Removal of Particular Overhanging Branches". Note - you can recover up to $300 from the neighbour if they don't remove the tree branch after sending the form, and you can do so at your cost. If they refuse to pay, you can recover the cost at QCAT.
A neighbour might file a complaint with QCAT regarding a tree on your property for various reasons, including:
Guys, if you have a large tree on your property, it's crucial to trim any branches that extend over your neighbour's yard, over the boundary, make sure the tree poses no serious risk to people on your property, avoid causing significant damage to neighbouring properties and ensure the tree does not unreasonably affect the neighbour's ability to use and enjoy their land.
Well, there you have it guys - trees!
This Greek man suggests you should just concrete your entire yard and then be seen on weekends by the neighbours watering down the concrete with your garden hose.
Thank you - see you next week.
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George Sourris. Empire Legal.
If you have any questions, you can email me: george@empirelegal.com.au.
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Thanks for reading everybody. See you on the next one.
Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Brisbane, Queensland, Australia.
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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.