Your Responsibilities as a Tree Keeper
One of the best ways to avoid problems with neighbours over your trees and shrubs is to know your rights and responsibilities as a tree-keeper.
Your legal rights and responsibilities about trees and their impact on a neighbour’s property are covered by The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.
What the Act covers
The Act covers trees that are:
The Act does not apply to trees:
- in urban areas
- on land that adjoins the neighbour’s property
- on land separated by a road.
- situated on rural land
- on land that is more than 4 hectares in size
- on land owned by a local government that is used as a public park
- planted or maintained for certain purposes, such as for commercial production
- planted as a condition of a development approval
Under the Act, a ‘tree’ is more than what most people think of as a tree—a single trunk with branches and leaves rising to a significant height, such as a gumtree, fig tree or fruit tree. It also includes some shrubs and even dead trees.
You are responsible for the whole tree, not just what is above ground. If your tree’s roots affect your neighbour’s property, that is also your responsibility
In most cases, a tree-keeper is the registered owner of the land the tree is growing on.
For more info download (Qld Gov. pdf):
The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
Please don’t hesitate to contact us on 1300 5728 7337 for a free tree service assessment of your home or business.