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IndigiScapes > Plants > Trees

Trees on your neighbour's property

Neighbourhood Disputes Resolution Act 2011  

With the release of the Neighbourhood Dispute Resolution Act 2011, there are now simpler options for avoiding and resolving tree disputes. Find out more from the Queensland Government's Neighbourhood Disputes Resolution webpage >>
 

What can I do about leaves from my neighbour’s trees falling onto my property? 

Council would recommend you talk to your neighbour to try and resolve the issue. You can ask your neighbour to remove or trim the tree. Council does not generally regard falling leaves as a legitimate reason for removing trees. They will need to contact a Council Officer on 3829 8943 to find out if they need to make an application as penalties for damaging protected vegetation are severe.
 

If you are in dispute with your neighbour, it may be useful for you to contact the Dispute Resolution Centre on 1800 017 288. Council does not get involved in civil disputes between neighbours. 

What can I do about branches from my neighbour’s trees overhanging my property boundary?

Common Law allows you to prune branches on your side of the fence or boundary as long as it is not detrimental to the tree’s health - incorrect pruning can affect the stability of a tree.

You should also contact a Council Officer on 3829 8943 to be sure that the exemptions to tree protection under Local Law 6 and Subordinate Local Law 6 apply.
 
If you are in dispute with your neighbour it may useful for you to contact the Dispute Resolution Centre. Council does not get involved in civil disputes between neighbours. For more information, visit the Department of Justice and Attorney-General webpage on trees.

What can I do about roots from my neighbour’s trees affecting my property?

Council would recommend you talk to your neighbour to try and resolve the issue. You can ask your neighbour to remove the tree. They will need to contact a Council Officer on 3829 8943 to find out if they need to make an application as penalties for damaging protected vegetation are severe.
 
If you are in dispute with your neighbour it may be useful for you to contact the Dispute Resolution Centre. Council does not get involved in civil disputes between neighbours. For more information, visit the Department of Justice and Attorney-General webpage on trees.

What can I do about my neighbour who is cutting down trees?

It is possible that trees can be removed under the exemptions in the Local Law 6 and Subordinate Local Law 6 or that a permit has been issued by Council.
 
However, Council relies upon the eyes and ears of citizens to help enforce the law. To report any unlawful tree clearing, contact Developmental Control at 3829 8704.