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 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.
Disputes over retaining walls and water flow must generally be resolved under common law rules.
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!
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.
Damage and nuisance caused by a neighbour’s tree
Views obstructed by a neighbour’s tree
Sunlight obstructed by a neighbour’s tree
General Neighbourhood disputes & concerns
Disputes concerning overland water flow
A higher landowner is not liable merely because surface water flows naturally from his land onto a neighbour’s lower land.
Only if they carry out works that cause overland water to flow in a more concentrated way than it naturally would can the higher landowner carry any potential liability for nuisance.
Substandard works on the higher land is sometimes a factor in determining whether the flow has been unnaturally and unreasonably altered.