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Helpful Tips

Dividing Fences & Tree Matters

By admin Posted in Owner Tips On

A dividing fence dispute may arise if owners of adjoining properties disagree about fence construction or routine repairs and maintenance.

A tree dispute is a disagreement between neighbours about one or more trees on adjoining properties.

These types of disputes are civil matters between land owners, and are governed by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (QLD).

In this guide, we provide some important information, and how we may be able to help.

It is important to note that we are unable to act on your behalf (or represent you) in relation to a civil matter that does not relate to a dispute with a tenancy; or where the matter is unrelated to the Residential Tenancy and Rooming Accommodation Act 2008 (RTRA Act).

Please review the ‘How we can help‘ section to see what we can assist with.

Resolving Disputes

The Queensland Government has prepared very helpful information about resolving disputes related to fencing and trees.

https://www.qld.gov.au/law/housing-and-neighbours/disputes-about-fences-trees-and-buildings/resolving-tree-and-fence-disputes

Where you as the land owner have been unable to resolve a matter with your neighbouring owner informally, you may wish to consider a formal process with the Queensland Civil Administrative Tribunal (QCAT).

QCAT offer further support and guidance on how to resolve tree disputes.

https://www.qcat.qld.gov.au/case-types/tree-and-fence-disputes/tree-disputes-process

Some owners may choose to engage the services of an appropriate qualified legal professional for guidance or to assist and represent them.

Matters relating to dividing fences or trees are matters covered by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (QLD) and are therefore unrelated to the Residential Tenancy and Rooming Accommodation Act 2008 (RTRA Act).

How we can help

  • Advise you how to seek the appropriate contact information from a Local Council Authority.
    • As the Ratepayer, an owner must undertaken this step.
    • Please refer to the ‘Contacting your Local Council‘ section below.
  • Direct you towards the information and guidance provided by QCAT for both informal and formal dispute resolution.
  • Writing to the neighbour/s by post/letter, utilising the information you can provide from a Local Council. This initial contact is a simple request for the neighbour/s to contact our Agency for a brief discussion on the matter, and to capture their contact information. This information is then passed to you to allow you to commence discussion between the related parties.
  • Source quotes for any requested works associated with a fence or tree works.

What our team cannot do

  • Contact a Local Council Authority to seek contact information for involved neighbours or related parties. As the Ratepayer, an owner must undertaken this step.
    • We have confirmed that the Ipswich City Council, Brisbane City Council and Somerset Regional Council will not provide private neighbour information to a non-ratepayer (such as a real estate agency).
  • Meet with or interview neighbours, or other external parties.
  • Negotiate on your behalf (for example, by speaking with neighbours about cost sharing for the repair or construction of a dividing fence).
  • Provide legal advice or help you to prepare a formal case or submission to QCAT.
  • Recommend a specific Solicitor or Lawyer to assist you. We do recommend that you seek legal advice for appropriate assistance.
  • Contact QCAT on your behalf.
  • Explain what you should do to follow QCAT directions.
  • Recommend your next steps regarding enforcing an order or tribunal decision.

Contacting your Local Council

As the ‘Ratepayer‘, a local council can provide you with the contact information (normally postal) for owners of properties that neighbour your own. The relevant local council contact numbers are provided below as the first point of contact.

Ipswich City Council(07) 3810 6666
council@ipswich.qld.gov.au
Brisbane City Council(07) 3403 8888
https://forms.brisbane.qld.gov.au/email-council
Somerset Regional Council(07) 5424 4000
mail@somerset.qld.gov.au

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