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Tree Disputes: Are Your Neighbour’s Trees Affecting Your Property?

19/08/2018 by JCTreeServices

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neighbours trees overhanging my property 2Everybody loves a beautiful tree, but there are limits. For instance, nobody wants one to fall on their car. And you don’t particularly want neighbours trees overhanging your property either.

In addition to yappy dogs, noisy parties and borderline arguments, the run-of-the-mill neighbour tree dispute is actually an extremely common phenomenon.

Overhanging trees – What’s the big deal?

You and your neighbour might be discussing:

  • Neighbours trees overhanging my property
  • Overhanging branches – who pays?
  • Branches and fruit dropping into my backyard
  • Tree roots damaging my property
  • Trees or branches affecting my solar panels
  • Trees that endanger my safety
  • Trees that affect my enjoyment of my land

But before cutting overhanging trees from neighbours yard seems like the perfect solution, it’s important to understand that you do have rights.

The law protects you if your neighbour’s tree is affecting your life in the ways outlined above.

Tree disputes Qld – A guide about what to do

1. Where to start

Talk it over

Unless you’re already locked in a serious argument, the best place to start is with a friendly chat about a solution.

If you can solve the issue of a neighbours tree damaging my property and stay friends as well, that’s best for everybody. It’s also more pleasant, faster, cheaper and a whole lot less stressful than going the legal route.

Know your rights

Before you take that chat any further, it’s important to understand your rights. In Queensland, it’s all covered in the Neighbourhood Disputes Act 2011.

Know the tree-keeper

Next, it’s important to understand who the ‘tree-keeper’ is.

No, it’s not Ghostbusters 5, it’s a term that relates specifically to the legislation detailed above. Remember, your dispute is with the owner of the land and tree, not someone who is renting the property. It could also be a body corporate or a company.

So look up the ‘tree-keeper’ by checking out the freehold land register, which you can read about in the Land Title Act 1994.

2. Overhanging trees responsibility – What should I do next?

Here’s a useful Q&A:

Q: The neighbours trees overhanging my property. Can you do your own pruning? Are you allowed to?

A: The short answer is YES in most cases. Neighbours trees overhanging your property is annoying, and so common law rights mean you can do what you like with branches, leaves and roots that are actually on your side of the boundary. The only thing to be careful about are tree or vegetation protection orders, which need to be complied with even if it’s not your tree.


Q: What if you don’t want to just cut it back?

A: If you’d like to see your neighbours tree removed completely, dropping leaves in your property is not going to cut it. Your neighbours tree must interfere with the use and enjoyment of your property. An example is where a tree obstructs a view that existed before you owned the property, or has the potential to cause serious injuries or damage.


Q: What if I’m still getting nowhere?

A: Not coming to an agreement? The best thing to do in this case is to write your neighbour a letter. Grab a Form 3 (Notice for removal of particular overhanging branches) for any branches that are overhanging by more than 50cm. If your neighbour doesn’t act within the specified time (min 30 days), then you can remove them yourself or hire a contractor.

If you’re still running into an overhanging dead end, you can escalate your tree dispute to the Queensland Civil and Administrative Tribunal (QCAT). They can make a ruling that is legally enforceable – but please see this option as a last resort as neighbour disputes are never much fun.

If you get a positive QCAT ruling, your neighbour may be ordered to get an arborist to check the tree, write a report and possibly remove it.

JC Tree Services are among the very best in the business, for pruning, removal, advice and more in Northern NSW, Gold Coast, South Brisbane and beyond. Get in touch today.

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JC Tree Services

Jez Copley
Dip. Arb: N.C.H. Arb
0418 451 814

Gaven, Gold Coast, Queensland 4211
ABN: 92 603 757 606
Fully Insured Level 5 Arborist

Google Rating
5.0
JC Tree Services Gold Coast
JC Tree Services Gold Coast
5.0
Jenny Ross
Jenny Ross
09:11 08 Mar 18
We used JC Tree Services to prune our trees and the guys done a great job! The staff are very polite, and cleaned up after themselves. Very competitive too. Thanks guys
Kathie Reynierse
Kathie Reynierse
03:16 05 Mar 18
Living on acreage with large trees, we called JC Tree Services, they came on time, did a great job & cleaned up after them selves. Very professional.
kara patterson
kara patterson
00:34 18 Dec 17
I contacted numerous tree removalists at this busy time of the year and JC Tree Services (Jez) were the only service to get back to me. His expert advice and thorough understanding of all things trees met all of my needs promptly and efficiently. I would highly recommend.
j rm
j rm
05:00 18 Jul 17
Quoted a very fair price, arrived on time unlike the other 4 local gold coast companys i called. The job was carried out and left clean and no damage to any other parts of my property! highly reccomended.
Paul Cormack
Paul Cormack
00:09 18 Nov 15
Highly recommend JC Tree Services. Arrived on time, price as quoted and they left the site tidy. Wish I had used them for previous tree removal jobs.
Wendy Edwards
Wendy Edwards
08:50 02 Aug 18
Arrived on time, all workers were polite and did a great job. Highly recommend these guys.
Flush Plumbing and Drainage
Flush Plumbing and Drainage
00:31 17 Aug 18
We have used JC Tree Services many times for tree pruning, hedge trimming and maintenance. Highly recommend Jez and his staff! The staff are always respectful and efficient. Nat & Jono
Kyra Owens
Kyra Owens
07:47 20 Jan 19
Highly recommend JC Tree Services. They are a very polite and professional team who didn't waste time getting the job finished. They left everything nice and tidy. We are very happy with our 'new-look' yard 😊
Sandra O'Neill
Sandra O'Neill
05:17 15 Feb 19
Jez and his team were great to deal with, very reliable and helpful, awesome job!
Liz Taylor
Liz Taylor
07:36 15 Mar 19
I contacted Jez, owner of JC Trees, as I needed an arborist report regarding a tree that was the subject of a neighbourhood dispute. Jez arrived on time and was very professional, knowledgeable and polite in his manner whilst assessing the tree. Jez’s report was excellent and pivotal in providing the necessary information required to secure the removal of this tree. During this drama Jez was always on hand to provide any further advice and information required. I couldn’t recommend any better arborist than Jez and JC Trees. He made a bad situation easier with expertise and experience. Top marks and many thanks. Liz Taylor
drew kearney
drew kearney
02:43 21 Mar 19
Jez came today as scheduled, did a superb job, and beat the other quotes out of sight!!! Strongly recommend, great work, great guy.
Brad Starlin
Brad Starlin
12:10 01 May 19
I was recommended to JC tree services by a high end landscaping company and now I also have zero hesitation with recommending Jez and his company. We had concerns with a lot of the large trees on our property which were running along our house and boundary fence causing damage. Jez has definitely impressed with his knowledge and overall workmanship including a follow up on how the job was completed. Jez and his team were on time, polite and showed excellence in the way they carried out the large job with ease. Will use again Great Service 5 Stars and would give more if possible
Samantha Veivers
Samantha Veivers
08:37 17 May 19
Very friendly and reliable, have used twice and have done a great job. Would definitely recommend!
Mitch Vercoe
Mitch Vercoe
11:27 01 Jul 19
Highly recommend these guys.
Matthew Brown
Matthew Brown
21:44 24 Jul 19
We had an issue with a large tree that we consulted Jez about. After issues with Council which Jez whent above and beyond with, we got the green light. The team did an amazing job even with tidying up some other trees and removing the very large tree. Apart from doing a great job, they also cleaned up afterwards. The team was great and nothing was a problem. I would higly recommend them and you should contact Jez first to get the right advice. Thanks.
90eja
90eja
03:50 26 Jul 19
We have used Jez and his team 3 times now to remove trees and branches at our place - they always do a great job and fit us into their busy schedule! We're so happy with the work JC have done at our place on the GC and highly recommend to all.
Kevin Champney
Kevin Champney
22:10 25 Aug 19
If you need any tree pruning or tree removals done, Jez & his crew are the team to go to. No task too big or too small, very affordable & they do a fantastic job. These guys are the best and are highly sought after. Both my wife & i highly recommend JC Tree Services. Kev & Kelly.
Brandon Bull
Brandon Bull
05:54 17 Oct 19
Jez and his team do an amazing job. They are very professional, organised, on time and competitive on price. Jez went above and beyond to accommodate our time frame. We could not be happier with the job they did. Kerry & Brandon
Lauren Probin
Lauren Probin
07:27 13 Nov 19
Jez and his team were fantastic. They were very particular and took a lot of care when pruning trees. They were receptive to feedback and checked in regularly for my opinion on various matters, which was appreciated. They left the yard nice and tidy. I highly recommend.
Susan Dodds
Susan Dodds
10:17 20 Nov 19
Jez and his team were on time, fast and friendly. Their quote was very competitive and I wouldn't hesitate to recommend them or to use their services again.
Sar
Sar
11:22 06 Feb 20
Highly recommended Jez and the team. They did a great job, were efficient and well priced.
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