Neighbour duties concerning fences, lost views, trees and sunlight – and disputes in relation to them – are regulated under Queensland’s Neighbourhood Disputes (Dividing Fences and Trees) Act.
Neighbourhood disputes – whether due to trees, fences, walls, noise, machines or vehicles – can be expensive and stressful as no one deserves to feel uncomfortable in their own home.
It is always better to resolve neighbourhood issues constructively so as to reach a mutually acceptable solution. In some cases, though, this may not be achievable and legal options must be pursued. See here for an example of poor neighbourly relations over a boundary fence that had a disastrous outcome.
Talking face-to-face is much better and far more effective than phone calls, emails, letters and messages. Before talking with the other person, think about what you want to say. It is important to state clearly what the problem is and how you feel about it. – QLD Government
House buyers inherit tree obligations owed to neighbouring owners and tenants in relation to the cost of removal or trimming of offending trees on the property they are buying.
Neighbourhood Disputes: Trees + Views + Fences
Want an assessment of the rights and wrongs in your Neighborhood Dispute? Try our interactive assessment tool to test whether you are on strong grounds to maintain your dispute. Otherwise contact our Neighborhood Disputes Lawyers today!
Dispute regarding oversailing crane booms
Where cranes trespass on the airspace of other properties, builders and developers should be prepared to offer some compensation to those affected.
An affected property owner may apply to the Court to obtain an injunction preventing the encroachment of cranes into the airspace above their property. The compensation does not have to be relative to the benefit gained by the builder or developer through the use of the affected properties’ airspace. See this case for an example.
Where the property owner unreasonably refuses to grant the licence to use the airspace above their property, the builder or developer may apply to the Court for a statutory licence pursuant to Section 180 Property Law Act 1974 (Qld).