Tree Disputes – Trees that obstruct or cause damage
QCAT can make orders requiring a neighbour to remove a tree or lop it, to remedy or prevent:-
- serious injury to any person;
- serious damage to the adjoining owner’s land or property;
- substantial ongoing and unreasonable interference with the use and enjoyment of the adjoining owner’s land;
- severe obstruction of sunlight to a window or roof of the adjoining owner’s home if the tree is at least 2.5 m tall;
- severe obstruction of a view from the adjoining owner’s home that existed when they took possession of their property if the tree is at least 2.5 m tall.
The adjoining owner must have made a reasonable effort to reach an agreement with the neighbour and have taken all reasonable steps to resolve the issue through the local council.
Our fixed fee package for written advice; claim/ defence preparation and accompanying submissions is $1,500 plus GST. Terms apply. QCAT filing fee (claims only) is an additional $380.