Trees and fences on or near property boundaries can become a source of complaint between neighbours.
In order to locate your property boundary, you will need to have your allotment surveyed. An Identification Survey is a survey that identifies and marks existing property boundaries. This may be required for a number of reasons e.g. to build a fence or to settle a boundary fencing dispute with a neighbour. In Queensland, only registered cadastral surveyors can perform a boundary survey, and place a survey mark that defines a property boundary.
One of the best ways to avoid problems with neighbours over your trees is to know the responsibilities of a tree-keeper and how to avoid disputes.
For the tree-keeper
The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 sets out the responsibilities of a tree keeper in the proper care and maintenance of trees on their property. Visit Your responsibilities as a tree-keeper for more information about your obligations as a tree owner.
For the impacted neighbour
If a neighbour’s tree branches are impacting your property you're able to exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line. Visit What to do if a neighbour's tree is affecting you for more information.
Isaac Regional Council commonly receives complaints about trees on neighbouring properties including:
- Branches overhanging the fence
- Branches or fruit dropping into the yard
- Roots causing damage to the property
Council has no authority regarding disputes about trees however there is a Queensland state law, Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, that governs these issues.
Complainants are encouraged to seek advice from the Queensland Civil and Administrative Tribunal (QCAT) for information about the dispute process.
Dividing fences are a common cause of disputes between neighbours. People often disagree over who pays for the building and upkeep of the fence, or the type of fence needed, particularly when one neighbour wants a fence for a specific purpose, such as to keep a dog.
Your legal rights concerning a fence between your neighbour’s and your land are covered by Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. For more information on the rules around fences dividing properties, go to the Queensland Government website dealing with housing and neighbours.
The Department of Energy and Public Works website outlines in the Queensland Development Code (QDC) criteria relating to where structures can be erected on properties and their heights/lengths to distance from the boundary etc.
In order to locate your property boundary, you will need to have your allotment surveyed.
An Identification Survey is a survey that identifies and marks existing property boundaries. This may be required for a number of reasons e.g. to build a fence or to settle a boundary fencing dispute with a neighbour. In Queensland, only registered cadastral surveyors can perform a boundary survey, and place a survey mark that defines a property boundary.
Proposed Fencing
The instillation of new fencing or adjustments to an existing fence is exempt from building approval under the Building Act 1975, provided the overall height of the fence is under 2m, and it does not involve either a retaining wall or a swimming pool safety barrier.
Should your proposed fence measure higher than 2m, involve a retaining wall or act as swimming pool safety barrier, it will require building approval from Council.
Fencing posing a community safety hazard
If a fence is identified to be a community safety hazard, Council can enforce its removal or reduction.
Examples of a community safety hazards include;
- Barbed wire fencing adjoining a public park or reserve or located in an urban area
- Electric fences adjoining public land
You can report a community safety hazard to council by calling Council Community Education and Compliance department on 1300 ISAACS (1300 472 227).
The Department of Justice offers helpful information on ways to approach your neighbour, avoiding fence, tree and building disputes and resolving a tree and fence dispute.
The Queensland Civil and Administrative Tribunal deals with neighbourhood disputes such as trees and fence disputes, dividing fence disputes and outlines the tree dispute process.