Tree disputes with neighbours can be stressful and can quickly become more difficult if tree work is carried out before everyone understands what is proposed.
Overhanging branches, roots affecting neighbouring property, falling debris and concerns about tree safety are all common causes of disagreement between neighbours in Queensland.
This guide looks at some practical steps Brisbane Southside and Gold Coast homeowners can take before arranging tree removal, pruning or other tree work near a property boundary.
Know Your Rights and Responsibilities
Queensland has specific legislation covering disputes between neighbours about trees. In most cases, the registered owner of the land where the tree is growing is considered the tree-keeper under the legislation.
Property boundaries matter
A property owner generally has a common-law right to remove branches or roots from a neighbour’s tree that extend onto their property, back to the boundary. However, other vegetation protections or approvals may still apply, so it is important to check before carrying out substantial work.
Damage or interference
Tree disputes can involve more than branches crossing a boundary. Roots causing property damage, falling branches and substantial interference with the use of neighbouring land can also become the subject of a dispute.
Council and vegetation requirements
Tree pruning or removal may also be affected by local council vegetation protections or other planning requirements. These should be checked before work begins, particularly where substantial pruning or complete removal is proposed.
Being informed about your legal obligations prevents escalation and ensures any tree work is compliant.
How to Talk to Your Neighbour About Tree Issues
Talking to your neighbour before arranging tree work can prevent misunderstandings, particularly where the tree is close to a shared boundary.
It can help to:
Explain what work you are considering and why
Share an arborist assessment where one has been completed
Discuss how access or work near the boundary may affect their property
Listen to concerns about privacy, shade or the condition of the tree
Where possible, reaching an agreement directly is generally quicker and simpler than allowing the issue to develop into a formal dispute.
Why an Arborist Assessment Can Help
When neighbours disagree about the condition of a tree or what work is required, a professional assessment can provide useful independent information. An arborist can assess:
- The health and structural condition of the tree
- Whether particular branches present a concern
- The potential effect of pruning or root cutting
- Whether pruning, monitoring or removal may be appropriate
- Whether an arborist report may be useful for council or other purposes
This can help move the discussion away from differing opinions about the tree and towards its actual condition and the options available.
Keep Records to Avoid Tree Disputes
Where a tree issue has the potential to become a dispute, keeping clear records can be useful. These might include:
- Photographs showing the tree and the issue of concern
- Arborist assessments and recommendations
- Written communication with your neighbour
- Council permits or approvals
These records can help establish what was identified, discussed and agreed if questions arise later.
Common Neighbour Tree Dispute Scenarios and Solutions
Where a tree issue has the potential to become a dispute, keeping clear records can be useful. These might include:
Overhanging Branches: If branches from a neighbouring tree extend across your boundary, discuss the issue with your neighbour before arranging substantial pruning. Queensland law provides options for dealing with overhanging branches, but vegetation protections can still apply.
Roots Affecting Property: If roots appear to be affecting paving, pipes, retaining walls or other structures, have the cause assessed before cutting them. Removing significant roots can affect the health or stability of the tree, and the tree may not necessarily be the sole cause of the damage.
Concerns About an Unsafe Tree: If you are concerned that a neighbour’s tree could damage your property or cause injury, an arborist assessment can help establish its condition and whether work is recommended. This can also provide useful documentation when discussing the issue with your neighbour.
Disagreement About Removing a Tree: A neighbour wanting a tree removed does not automatically mean removal is necessary. An arborist can assess whether pruning or another management option may address the concern while retaining the tree.
Proactive planning and professional guidance make conflicts easier to resolve.
What If You Can't Reach an Agreement?
If discussions with your neighbour don’t resolve the problem, Queensland has processes for dealing with tree disputes.
The Queensland Government recommends trying to resolve the issue informally first, and free neighbourhood mediation may also be available. If the dispute remains unresolved, some tree disputes can be taken to the Queensland Civil and Administrative Tribunal (QCAT).
QCAT can consider certain disputes involving property damage, risk of injury or substantial interference with the use and enjoyment of neighbouring land. Tree removal is not automatically the outcome, and QCAT can make other orders depending on the circumstances.
If you’re unsure about your legal rights or responsibilities, seek appropriate legal advice before taking action.
Managing Tree Work Near Property Boundaries
Tree issues between neighbours are often easier to resolve when they are addressed early. Clear communication, an understanding of the relevant requirements and professional assessment can help both parties make decisions based on the condition of the tree and the work actually required.
Treesafe provides professional arborist services and tree removal across Brisbane Southside and the Gold Coast. Where a tree near a property boundary is causing concern, the team can assess its condition and recommend appropriate pruning, management or removal where required.
Contact Treesafe for a free quote or to discuss a tree affecting your property or neighbouring land.