Disputes over trees are a common source of conflict between neighbouring properties. If you’ve discovered that a neighbour’s tree is causing damage to your home or property, it’s important to handle the situation in the appropriate way, to protect your rights and maintain good relationships. Here are the steps to take to make it as smooth a process as possible.

Inspect The Damages

Firstly, you’ll need to assess the damage, establish what is causing the problem and on who’s property the offending tree is located. It may be a good idea to take some photos and jot down some notes at this stage in the event it does become contentious down the track.

If damage has occurred that needs to be attended to urgently, contact your insurance provider. They will advise if you are covered and what steps you’ll need to take next to prevent any further damage.

Know Your Rights

You’ll need to determine who is in fact liable for the damage. Whilst this is often obvious, it’s not always clear cut. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 outlines your legal rights and responsibilities about trees.

Under the act, a ‘tree’ can include more than just what you might think of as a typical single trunk with branches, it can also include shrubs, dead trees, a stump in the ground as well as the roots of the tree. The damage is deemed to be your responsibility as the ‘tree-keeper’ if the tree is ‘wholly or mainly situated on your land’. So in the event the tree is located on the boundary line, if the majority of the tree is on your land, you are regarded as being the tree-keeper and liable for damages.

Here in Queensland, property owners can exercise the ‘right of abatement’, which allows for overhanging branches, leaves or roots from a neighbour’s tree to be trimmed back to the boundary line. This can only be done if the tree is not protected, you’re not trespassing on their property or causing any damage to their tree or property in doing so. Every state has different regulations, so make sure you check with your local council about what you can and can’t do.

Consult With An Arborist

A qualified Arborist can be a big help in these situations and provide expert advice as to how to best manage the tree without causing further damage to property or the tree itself. The Arborist can also inform you if the tree is at risk or hazardous.  It could be a very easy fix like pruning a few branches or it could be much more complex – in any case, it’s good to know exactly what needs to be done so you can discuss the issue clearly with your neighbour and have an idea of what you’re dealing with. This will also help with insurance claims and any legal issues that may arise.

Talk To Your Neighbour

Now that you have a clear view of exactly what’s going on, how to handle it and what your rights are, have a conversation with your neighbour outlining what needs to be done. Most people will be reasonable when approached in the right manner and with all the information to fix the problem.

In the event you aren’t able to reach an agreement with your neighbour, you will need to go to the Queensland Civil and Administrative Tribunal or QCAT who will determine a legally binding order.  Be sure to keep records of everything – photos of the damage, conversations, correspondence, any Arborist quotes and reports, anything to strengthen your case and provide to the tribunal. The tribunal will advise the course of action each party needs to take, as well as any compensation that should be paid. Failure to comply with these orders can result in hefty fines up to $100,000.

Professional Tree Arborist Care

Take the hassle out of your tree care. Speak to the team at Aussie Tree Solutions for a free quote on our professional tree consulting and maintenance services. We provide a full range of expert services. So whether it’s tree pruning or tree removal, Consulting Arborist al services or stump grinding, we’ve got you covered.