Queensland Australia Fence Line Law

danm · 27th September 2009, 12:14 AM

no doubt this has been discussed elsewhere, so my apologies, but, what if the neighbour in question is the footpath? If the tree branches over my property are from a tree on the footpath do I also have the right to cut them and throw them over the fence? What are the laws that prevent me from doing this?
After months of chasing the council to cut back a tree they finally employed a private contractor who did the bare minimum (removed branches directly over the roof as we said we wanted to lift the house and removed a dead branch), no doubt as instructed by council.
Meanwhile we have massive branches completely overhanging our entire backyard, and all I'm told is that I cannot touch them as the tree is on council property (which belongs in a rainforest and is inapproporately placed in a suburban street).

Eric Frei · 27th September 2009, 10:20 AM

Sadly the council have become somewhat arrogant and belligerent, one rule for us and one for them, they also move the goal posts around during the game.

Council workers themselves will tell you of the inconsistencies, when certain people in certain suburbs want footpath trees trimmed back from their property they get what they want, others in less affluent areas get nothing.

I have attached a document worth a read but there's no answer just discussion so people are aware of the issues.

danm · 27th September 2009, 09:43 PM

Thanks Ekka. All sounds a little grey really, but enough to cover them.

How about the throwing of debris back over your neighbours fence. At the moment I can possibly fill a wheelie bin or two a week with the leaves that are being dropped on my lawn. So I should be entitled to simply throw them over my fence onto the footpath. Although I don't really want to clog up my footpath so maybe onto the road. Maybe that will prompt some action as surely I am allowed to do that. Its there mess after all. Not going to make the neighbours too happy though.

Eric Frei · 28th September 2009, 12:56 AM

Perhaps make an appointment with your local councillor, discuss the issues with them, make them aware. Just a thought.

Sean Freeman · 28th September 2009, 01:04 AM

Quote:

At the moment I can possibly fill a wheelie bin or two a week with the leaves that are being dropped on my lawn.

It would make much more sense to keep the leaves and twigs and create compost, for your own garden..or is that just too lateral?

You wrote earlier that you felt this tree was inappropriate for its location due to its species...if you believe there is a problem with the tree that would justify its removal, then I would suggest you get professional advice.

Eric Frei · 28th September 2009, 07:14 PM

Yeah, like this poor bastid. He got al lthe advice he needs but still, bastid council.

Brisbane City Council's $6K RIP OFF!

And how about this guy, they moved quickly to protect the trees that weren't prior to his request to remove.

http://www.treeworld.info/f52/dirty-bcc-9324.html

Talk to your councellor, ask for root barrier at the fenceline and a fenceline prune. One rule for us, one for them, show the inconsistencies, provide the evidence, take pictures, mention private nuisance, dont back down!

Eric Frei · 12th May 2010, 08:42 PM

Questions and Answers on new fenceline laws - Local News - News | Southern Star

What general changes are proposed for trees?

Quote:

The Bill proposes that the proper care and maintenance of a tree will be the responsibility of the tree keeper. The Bill will promote public safety. Responsibility will be placed on the tree keeper to ensure that their tree does not cause injury to persons or damage property of the neighbour. A neighbour will not have to return to a tree keeper, branches, roots or fruit which encroach on the neighbour’s land. The common law right of abatement still applies, subject to state and local laws about trees. This means that, generally, property owners/occupiers are able to trim branches of a neighbour’s tree to the boundary line. The Bill proposes the introduction of a notice system for cutting and removing overhanging branches at the tree keeper’s cost and the creation of new legislative solutions to deal with trees in the neighbourhood. Sellers of land must give potential buyers information about any application to, or orders made in relation to a tree by QCAT. The environmental importance of trees is also reflected in the Bill.

Eric Frei · 30th September 2010, 09:29 PM

This thread now closed.

Go to Neighbourhood Disputes Resolution Act 2010 Queensland

27th September 2009, 12:14 AM	#31
danm Sappling Join Date: Jan 2009 Location: Brisbane Posts: 7	Re: Queensland Australia Fence Line Law no doubt this has been discussed elsewhere, so my apologies, but, what if the neighbour in question is the footpath? If the tree branches over my property are from a tree on the footpath do I also have the right to cut them and throw them over the fence? What are the laws that prevent me from doing this? After months of chasing the council to cut back a tree they finally employed a private contractor who did the bare minimum (removed branches directly over the roof as we said we wanted to lift the house and removed a dead branch), no doubt as instructed by council. Meanwhile we have massive branches completely overhanging our entire backyard, and all I'm told is that I cannot touch them as the tree is on council property (which belongs in a rainforest and is inapproporately placed in a suburban street).

27th September 2009, 09:43 PM	#33
danm Sappling Join Date: Jan 2009 Location: Brisbane Posts: 7	Re: Queensland Australia Fence Line Law Thanks Ekka. All sounds a little grey really, but enough to cover them. How about the throwing of debris back over your neighbours fence. At the moment I can possibly fill a wheelie bin or two a week with the leaves that are being dropped on my lawn. So I should be entitled to simply throw them over my fence onto the footpath. Although I don't really want to clog up my footpath so maybe onto the road. Maybe that will prompt some action as surely I am allowed to do that. Its there mess after all. Not going to make the neighbours too happy though.

28th September 2009, 12:56 AM	#34
Eric Frei Admin - Razor sharp and independent 2 X Diploma Level 5 qualified arborist Join Date: Jan 2007 Location: Brisbane Posts: 12,814	Re: Queensland Australia Fence Line Law Perhaps make an appointment with your local councillor, discuss the issues with them, make them aware. Just a thought. __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

28th September 2009, 07:14 PM	#36
Eric Frei Admin - Razor sharp and independent 2 X Diploma Level 5 qualified arborist Join Date: Jan 2007 Location: Brisbane Posts: 12,814	Re: Queensland Australia Fence Line Law Yeah, like this poor bastid. He got al lthe advice he needs but still, bastid council. Brisbane City Council's $6K RIP OFF! And how about this guy, they moved quickly to protect the trees that weren't prior to his request to remove. http://www.treeworld.info/f52/dirty-bcc-9324.html Talk to your councellor, ask for root barrier at the fenceline and a fenceline prune. One rule for us, one for them, show the inconsistencies, provide the evidence, take pictures, mention private nuisance, dont back down! __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

30th September 2010, 09:29 PM	#38
Eric Frei Admin - Razor sharp and independent 2 X Diploma Level 5 qualified arborist Join Date: Jan 2007 Location: Brisbane Posts: 12,814	Neighbourhood Disputes Resolution Act 2010 Queensland This thread now closed. Go to Neighbourhood Disputes Resolution Act 2010 Queensland __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode