Responsibility for Overhanging Branches [QLD]

ihbh on 15/04/2022 - 16:53
Last edited 15/04/2022 - 16:54

In NSW, if your neighbour has an issue with a tree on your property that has branches overhanging their property, then it's up to them to cut the branches, but only up to the fence line, unless the tree is dying and could cause damage/injury, etc.

Is the situation the same in Qld? Are there any circumstances where a neighbour can require you to prune the branches of a tree on your property that has branches that overhangs theirs? E.g. can they say the branches and leaves fall into their gutter and require you to cut the branches back to the fence line.

Home & Garden

Comments

  • rektrading on 15/04/2022 - 17:05
    -1

    ✂️ the 🎋 and throw them ⬅️ over the fence.

  • AndyC1 on 15/04/2022 - 17:07

    In NSW the rules are slightly different:
    1. you are responsible for any damage they cause if they fall and break something.
    2. They cut overhanging branches back 10cm over the fence line.
    3. They cannot cut anymore even if the tree is dying etc.
    4. You can go to the council to get them involved if the tree is dead or will cause damage if it falls.

    In QLD call the council and ask them or lookup the council web site and see about tree cutting or tree disputes or tree preservation etc.

    • ihbh on 15/04/2022 - 17:24
      -1

      Anyone can find and read this. I'm after practical experience: tell neighbour to do it themselves, go halves, owner of tree does it, etc.

      • Jimothy Wongingtons on 15/04/2022 - 17:28
        +3

        That’s not how I read your op

        Is the situation the same in Qld?

        I’m in Qld. Fwiw my bell end of a neighbour has a leopard tree on their boundary and it drops leaves and branches all over my yard, gutters and car. The roots have effed up my fence too but whatever it’s an old fence anyway. Anyway I trimmed it myself with a pole saw and stacked it in a neat pile in front my their house.

        Ymmv any reasonable neighbour would take care of it I’m sure. But my neighbour is not reasonable.

        I did half consider getting it professionally done as well as forwarding the bill for that and gutter clean as it’s clearly all leaves from his over hanging branches. Just not worth the drama though.

        • ihbh on 15/04/2022 - 22:38

          I did half consider getting it professionally done as well as forwarding the bill for that and gutter clean as it’s clearly all leaves from his over hanging branches. Just not worth the drama though.

          If it was a council tree (e.g. you back onto a park), would you have also half considered it too? :)

          Where I live in Sydney, blocks are big with a lot of trees. Every person takes care of the branches on their property, whether it's from a tree from their property or another - just like how you do it.

          • Jimothy Wongingtons on 15/04/2022 - 22:45
            +2

            @ihbh: Council trimmed the leopard tree in front of my house on nature strip no problem when I asked them to , within 4 weeks too which I thought was very prompt given councils reputation.

          • LFO on 16/04/2022 - 15:41

            @ihbh:

            Where I live in Sydney, blocks are big with a lot of trees

            WOT!!!!

            Where is that Sydney with big blocks and lots of trees ????

            Where ? ? ?

      • altomic on 15/04/2022 - 17:31
        +5

        so, despite there be legislation explaining what the "rules" are, you want exceptions to those?

        maybe explain the situation so people can assist, rather than providing vague and unhelpful/non-existent background

        • dizzle on 15/04/2022 - 17:57
          +4

          The way I'm reading this is that OP is the tree owner and has been asked to cut the tree back. So OP is trying to find reasons to either not do it or leave it as the neighbours responsibility.

          OP, even if the neighbour cuts it back they can throw the branches over your side for you to dispose of.

          I'm after practical experience: tell neighbour to do it themselves, go halves, owner of tree does it, etc.

          Those are the rules, I would expect most peoples experience falls within what the rules say.

        • ihbh on 15/04/2022 - 18:02
          -4

          This part of the "rules":

          Normal tree litter—leaves, flowers, fruit, seeds or small elements of deadwood—would not be classed as substantial and therefore is not sufficient to get an order for the removal or cutting back of a tree.

          • dizzle on 15/04/2022 - 18:11
            +2

            @ihbh: Either they cut them and put them back on your side of the fence, or you cut them.

            It could also be your interpretation that it's not substantial. Your version of "small deadwood" may be their version of dangerous to kids playing in the yard.

      • AndyC1 on 15/04/2022 - 19:18
        +6

        Sounds like Op is only wanting to hear what they want to hear…

  • Euphemistic on 15/04/2022 - 18:35
    +5

    Step one: find out the rules
    Step two: approach your neighbour and negotiate an amicable solution - know the rules but don’t get narky about them if the neighbours will work with you.
    Step three: if they don’t play ball, do what you are allowed to under the rules.

    Despite what the rules say it may not promote good relations if you just chuck the branches back over the fence. It’s worth considering disposing of them yourself to make life easier.

    I’ve primed the odd overhanging tree and normally put the waste in my bin. If there was a lot I’d ask the neighbour to use some of their bin space.

    • tonka on 18/04/2022 - 05:54

      Amazed that people think it's ok to 'chuck' tree cutting over their neigbours fence.
      Do they realise it's also ok for that neigbour to buy a drumkit in retaliation?

      • dizzle on 18/04/2022 - 10:40

        On the other hand, the tree is the neighbours property, so disposing of it yourself could be considered theft :)

        You're right though, the courtesy goes both ways. I trimmed back the neigbours tree and left it on my side for a few days (waiting until I could borrow a trailer), and the neighbour obviously heard me trimming them and came across the next day to dispose of them himself.

        However it's in the rules that it is the tree owners responsibility, and most people now don't even know thier neighbours.

        • tonka on 18/04/2022 - 12:27

          I am in QLD and have a neighbor I thought I was friendly with do it to me. They have my number and could have asked.
          I now consider us unfriendly.
          But what of other considerations.
          Someone gets hurt from a tripping hazard they are unaware of.
          Garden beds are crushed, or items damaged or made inaccessible.
          Perhaps a pet is cut off from water or shelter.
          For me I would have found it much less work to trim the plant myself to manageable pieces and shred as I went rather than have to untangle a half dried up pile dumped somewhere hard to access.

  • taoz on 15/04/2022 - 22:03
    +5

    regardless of any rules. If your branches are overhanging onto someone else's property. Decency would be to remove them from there property

    • tonka on 18/04/2022 - 12:32

      If that's what they want and also if regulations allow for the tree to be damaged. Many don't consider trees indecent.
      I also think though that people that won't allow any greenery should reconsider their entitlement to oxygen filtration.

  • Traveller107 on 16/04/2022 - 01:57
    +2

    It's the tree keepers responsibility in Brisbane. The decent and lawful thing is to maintain your tree and not let it damage other people's property.

    I used to have a neighbour who had large trees overhanging another neighbours yard. Few times a year he used to get a tree lopper to trim and dispose the branches at his own expense. Ended up being good mates with his neighbour for life.

    I also know a colleague who was a pain and his tree was growing into his poor neighbours roof and causing damage. He avoided all responsibility and eventually recieved a notice from council to cut the branches and a demolition order for an unapproved structure on his property. And his neighbours insurer chased him for repairs and damage that he had to pay up eventually. Avoiding responsibility and rubbing his neighbour the wrong way didn't go too well for him.
    All of the above in brissy BTW.

  • morse on 16/04/2022 - 02:33
    +1

    Just have a conversation with the neighbour about it. We are happy to trim our neighbours overhanging branches, we also make an effort to ensure ours don’t overhang. sometimes people like some overhang for shade, aesthetics. Sometimes the neighbour may wish to do it themselves so it’s to their liking.

  • payless69 on 16/04/2022 - 08:25

    Bikies are your ONLY option!

    • Downvoter on 16/04/2022 - 15:48
      -1

      So over these flop comments about bikies

      • Euphemistic on 17/04/2022 - 18:04
        +2

        Careful. With an attitude like that you’ll end up in the penalty box.

  • Sensiekatie on 16/04/2022 - 11:51
    +1

    In my experience, a neighbour can legally trim and deposit the offcuts onto the tree owners property. This is now it always worked too. If it's annoying, then you can remove it if it's over your fence line.

    Requesting the tree owners to do so was unheard of (I'm.older). These days though, people are different and seem to make issues out of everything.

    However if you are the owner of the tree and your neighbour is renting or elderly, then they may not have the means or ability to do the job. If you were at all considerate and they have mentioned it is an issue, then do the right thing no matter what their circumstances. It's called being a good neighbour.

    We currently have a neighbour's Poinciana well into our yard. For several years our lemon myrtle has adapted by not growing branches on one side where the tree is in the way. Another garden is nOw having issues. Then there is the issue of the pods and seeds. They are toxic to both dogs and cats. We got a puppy last year and he kept playing with the pods and getting sick. That's when I learnt they were toxic. We know our neighbour wants the tree removed, but he cannot afford it. We spoke to them yesterday, and they are happy for us to do what we want and put the offcuts in their place. They now feel guilty for not doing it for us (my husband has severe osteoporosis and climbing ladders is out for him). All being well, it will get done tomorrow. When my Dad was alive, he cut it well back several times. Never was an issue with the then neighbours.

  • LFO on 16/04/2022 - 15:45
    +1

    Funny how in Australia there is this need to cut trees, owned or not. Cut them!!

    In many other countries the motto is: DO NOT CUT TREES ! ! !

    Actually quite sad and disappointing … not funny at all.

    Green Australia my foot!

    • Downvoter on 16/04/2022 - 15:50

      Easy on the bold there champ. If someone wants to trim trees then go right ahead.

      • LFO on 17/04/2022 - 15:59
        -1

        If someone wants to trim trees then go right ahead.

        Amazonia here we go ! ! !

        Who need trees when we have coal.

        • Pascal on 17/04/2022 - 16:38
          +1

          Trees are just premature coal

          • LFO on 18/04/2022 - 16:31

            @Pascal: And human flesh is future petroleum!

            A few hundred human corpses = one small dinosaur.

            Full holocaust … bring it on!
            Buy oil exploration rights now!

    • ihbh on 16/04/2022 - 15:55
      -1

      I'm with you mate. I live in a very leafy Sydney suburb where trees are treasured.

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