Issues with tree property damage are a common cause of disputes between neighbours. When a neighbour’s tree is damaging your property, whether it’s falling leaves or flowers, overhanging branches, invasive roots or structural damage, the situation can quickly become stressful and contentious if it’s not handled well.

Here are our top tips for how to resolve the issue amicably and with a good result for both parties.

1. Assess The Damage

First of all, you will need to inspect the damage and determine the cause and extent of the issues so you’ve got a complete picture. It may be a good idea to take some photos and notes with dates in the event you need to involve insurance companies or seek legal advice down the track.

2. Insurance And Legal Options

If damage has already occurred that you need to have fixed urgently (such as to a fence, roof or plumbing) – you may wish to contact your home insurance provider. They can advise whether you’re covered and what steps to take next.

3. Know Your Rights

Now that you know what you’re dealing with, it’s important to know what your rights as a property owner are when dealing with tree property damage. Here in Queensland, property owners have what’s called the ‘right of abatement’, which means you are legally only allowed to prune branches and some roots that cross onto your side of the boundary line back to the fence line, providing you’re not trespassing onto the neighbour’s property and you don’t harm the tree or their property.

It’s important to note that different states and territories will have specific regulations, certainly when it comes to protected vegetation, so it’s critical that you check with your own council before doing anything. If you are at all unsure, consult with an Arborist before doing anything. If further action is required to fix the damage beyond trimming the tree back to your fence line, you will need to speak to your neighbour about next steps.

 4. Consult With An Arborist

Have a qualified Arborist take a look at the issue and provide guidance as to how to best deal with the situation. It could be a simple case of pruning the tree back or there might be further work that needs to be carried out if the situation is more complex or there is an at-risk tree. Once you have this information it can be helpful to take to your neighbour or with insurance claims down the track.

5. Speak To Your Neighbour

It’s always a great idea to have a friendly conversation with your neighbour about any tree issues you’re having and keep communication lines open. Be sure to approach your neighbour calmly and respectfully and clearly explain the damage being caused and the solution to get it sorted out. You’ll find most people are reasonable and willing to cooperate if they are approached in the right manner.

6. If You Can’t Reach An Agreement

If you are unable to come to an agreement with your neighbour, you will need to go through the Queensland Civil and Administrative Tribunal (QCAT) for a legally enforceable decision. The tribunal will assess the degree to which the tree has or will, negatively impact you and your enjoyment of your property as well as whether it poses a risk to property or people in the next 12 months. QCAT will advise the course of action to be taken by each party as well as if any compensation should be paid. Failure to comply with a QCAT order without a reasonable excuse can result in being fined up to $100,000.

Work With The Professionals

For professional tree property damage maintenance and advice, speak to the team at Aussie Tree Solutions. We have been providing the very best in tree care for over forty years, so you’ll know you’re in safe hands. We provide a full range of expert services from tree pruning and tree removals to Consulting Arborist services and everything in between. Whatever your tree issue, we’ll get to the root of it!