Who is responsible for overhanging tree branches Qld?
A neighbour can give a tree-keeper 30 days written notice, using the Act’s Notice for removal of particular overhanging branches (available at www.neighbourhooddisputes.qld.gov.au) to cut and remove the overhanging branches at the tree-keeper’s cost.
Can I force my Neighbour to cut his tree?
You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it.
Can I throw my Neighbour’s branches back Qld?
exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line. decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. You do not have to return anything you trim from the neighbour’s tree but you may do so.
Whose responsibility is it to cut overhanging tree branches?
Removing branches overhanging your property. A tree belongs to the person who owns the land on which it grows. However, if you’re the owner/occupier of land over which the branches of a tree overhang, you are generally entitled to chop back the branches to the boundary line.
Can I cut back a tree that overhangs my property?
If a council tree overhangs your property, you have the right to prune the section of branch(s) that overhangs your boundary. pruning takes place from your side of the property and must not extend beyond your boundary line.
Can you complain about a Neighbours tree?
If you think your neighbour’s tree is dangerous, you can report it to the council – for example if you think it might fall over. They might ask the owner to make it safe or deal with it themselves.
What can be done about Neighbours trees?
The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them. Do not just throw trimmings back over the boundary – this could constitute ‘fly tipping’.
How high should a Neighbours tree be?
In general, there is no specific limit to the height that a tree is allowed to grow, but if the trees form a vegetative screen that is limiting a neighbours usage/enjoyment then it could be a High Hedge issue which Planning Enforcement would potentially get involved with.
Can you cut overhanging branches from a Neighbours tree?
Trees overhanging your property You have the right to prune overhanging tree branches back to the boundary line of your property, even if you don’t own the tree.
Can I do anything about a Neighbours tree?
Get specialist help from a tree surgeon if the roots of your neighbour’s tree are affecting your home and garden. You can cut them yourself but you must try to limit the amount of damage to the tree, which can be difficult to do. You must tell your neighbour in advance if a tree surgeon needs to go on their land.
What can I do about my neighbours overhanging tree?
If you have a neighbour’s tree hanging over your land, you can: exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself.
What happens if a tree is overhanging your property line?
If the overhang isn’t as severe and doesn’t pose a threat to life, the council may ask you to apply for an order or cut the portion of the tree on your side of the property line.
How high can a neighbour cut a tree over the boundary?
This notice can be used for branches which are more than 50 cm over the boundary and 2.5 metres or less above the ground. If the tree-keeper does not respond to the notice, the neighbour can proceed to have the lopping done and recover from the tree-keeper a maximum sum of $300 (s 58 Neighbourhood Disputes Act ).
What are my legal rights about trees growing on Neighbours land?
Your legal rights concerning trees growing on a neighbour’s land which are affecting you are covered by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 . The meaning of a tree-keeper is central to the Neighbourhood Disputes Resolution Act 2011.