Neighbours Trees Brisbane | What you can and can't do
Posted: 18 Jun '18
Posted: 18 Jun '18
Over the past 14 years, Oasis Tree Management has assisted with many neighbour tree disputes across Brisbane. We understand that these situations can be stressful when trees are impacting properties, safety or everyday living.
Common concerns include trees growing along boundary fences, overhanging branches, root encroachment, blocked gutters, and trees affecting pools or solar panels.
In many cases, branches extending over boundary lines are the main source of tension between neighbours.
Even in otherwise positive relationships, these situations can be difficult to navigate. As recommended by Brisbane City Council and QCAT, the best first step is always open communication. A respectful conversation with your neighbour can often lead to a simple and practical solution.
If matters do escalate, it’s important to know that the QCAT process can become time-consuming, stressful, and costly for everyone involved.
Below is a step-by-step guide to help you understand your rights and responsibilities:
Under Queensland legislation, a “tree” is broadly defined as:
It’s also important to understand that the “tree keeper” is generally responsible for the entire tree. This includes both the above-ground structure and the root system. If a tree on your property is impacting a neighbouring property, responsibility typically sits with the tree keeper.
The “tree keeper” is usually the registered owner of the land on which the tree is growing. This may be an individual, a body corporate, or an organisation.
In the case of rental properties, the responsibility generally lies with the property owner (landlord), rather than the tenant.
If a tree is located on or near a boundary, responsibility is typically determined by where the majority of the tree is situated.
A good starting point is to regularly check your trees and consider whether they may be affecting neighbouring properties.
If overhanging branches are causing issues, a proactive approach such as professional pruning can often help prevent problems from developing or escalating.
Before carrying out any work, it’s important to check whether the tree is protected by a Vegetation Protection Order (VPO) or other local regulations.
If you do need to access your neighbour’s property, Queensland legislation requires that you provide written notice at least one day in advance, including details of who will be carrying out the work and when.
You are generally entitled to trim overhanging branches and roots up to your property boundary.
In most cases, it’s best to have a qualified arborist carry out this work to ensure it is done safely and in a way that does not harm the tree.
You can choose to dispose of the material yourself or arrange for the arborist to remove it as part of the service.
Before proceeding, it’s important to check whether the tree is protected and to consider whether pruning may impact the tree’s health or stability. An arborist can provide guidance on the most appropriate approach.
In an ideal world, trees are maintained proactively to avoid issues affecting neighbouring properties. However, we understand that this is not always the case.
Legislation allows you to provide written notice to your neighbour requesting that overhanging branches be addressed by a certain date, along with a quote for the work.
Your neighbour may agree to the work and quote, arrange their own quotes, or choose to carry out the work themselves by the specified date.
If an agreement cannot be reached, you may be able to proceed with the work and recover reasonable costs (up to $300 per year) under specific conditions.
In our experience, outcomes vary – some neighbours share costs, some tree keepers cover the full cost, and sometimes disputes are escalated further.
Where possible, we always recommend aiming for a fair and respectful solution that works for everyone involved.
At Oasis Tree Management, we regularly assist clients through these types of situations, and we understand how sensitive they can be.
We can attend your property, assess the trees in question, and provide clear, practical advice on how best to move forward. We can also provide a detailed quote and, where appropriate, liaise with your neighbour to help coordinate the work.
As qualified arborists, all work is carried out in line with Australian Standards, with a focus on safety, tree health, and professionalism.
We also offer planned preventative maintenance, allowing us to assess your trees regularly and recommend any necessary work.
This proactive approach can help you stay ahead of potential issues, maintain healthy trees, and feel confident that you’re meeting your responsibilities as a tree keeper.
If you’re dealing with a tree issue or simply want some guidance, our team is here to help. Contact Oasis Tree Management today for practical advice and professional support tailored to your situation. 07 5546 3958
For more information on this matter including references and applications please visit: The Government Website
See our Brisbane Tree Services