Queensland Australia Fence Line Law

Ekka · 16th February 2007, 11:08 PM

Trees and plants

Extract for those unable to follow.

Overhanging branches and roots constitute a legal nuisance. The owner of the land on which the plant grows is liable for damage caused. Tenants are not usually liable unless they have planted the plant.

A neighbour affected can raise the matter with the neighbour directly

seek assistance for mediation from the Dispute Resolution Centres

abate the nuisance by cutting off overhanging branches and digging up roots on their property as long as they take care not to cause unnecessary damage to the plant. The overhanging branches and fruit belong to the owner of the tree, they may be returned to the owner or, with the owner's permission, disposed of. Unless the neighbour agrees to pay the cost of removal beforehand, it is necessary to take court action to recover any cost and legal advice should be obtained

commence court proceedings for damages or an injunction, and legal advice should be obtained.

A tree owner may also be liable under the ordinary principles of negligence.

FruitBelongs to the owner of the tree or plant on which it grows.

Fence line trees are the cause of many disputes, and even council gets caught up in the red tape of many laws. The above over rides local law as is a state law, however if the tree is protected then it's another kettle of fish but the responsibility is still on the trunk owner.

Also, there's this. Source: Department of Justice and the Attorney General : Trees

Quote:

Overhanging branches

You can lop off overhanging branches of a neighbour’s tree if the branches are causing a nuisance. You should not trespass on the neighbour’s land to do this. However, any branches you lop off belong to them and they cannot refuse to take the branches back if you are unable or unwilling to dispose of them.

Generally, your neighbour is not obliged to share the cost of hiring someone to remove the branches if they are too big or too high for you to cut down.
Fruit trees

Technically, all the fruit on the tree belongs to the owners of the tree. They may be happy to let you keep the fruit from branches on your side of the fence. The best thing to do is to talk to them.
Other problems

The roots of a tree can be a nuisance, particularly when they damage an adjoining property. The injured party has every right to sue.

If your tree falls and strikes somebody, either on the road or on a neighbouring property, you may be liable for negligence.

Trees should not be a traffic hazard. Where they are likely to be a problem to road users, the local council can order them to be removed, lowered or trimmed.

Consult your solicitor if you require specific advice on problems created by trees.

Ekka · 17th January 2008, 10:55 PM

This is a fence line prune I did today out on acreage.

The fenceline for the property on the left is where the customer drives to the rear of the block to park his boat.

The trees planted on the neighbours side are about 2m off the fenceline at the bottom (LiquidAmbers) and 1m at the top end (Fiddlewoods).

The customer wanted no branches scraping or hitting his vehicle or boat.

We were able to access the trees on the tree owners side and prune back to trunk etc, called target cuts. That is better for the tree and prevent regrowth in most cases.

We did this to a height of 7m as the trees did hang down so this will last for quite some time, but please bear in mind the customer could have cut them back for the entire height of the tree, so no parts came over the fenceline ... but he didn't.

It's important you consider your neighbours and their rights to uninterrupted use of their land, selecting species which will be contained within your boundary is wise. You know planting a tree with a canopy spread of 20m only 2m away from a fence will result in trespassing parts, same for the roots.

In this landscape the selection of trees was poor and a columnar variety or shorter more compact tree would have created the desired fence line screen without trespass or pruning.

TreeDimensional · 18th January 2008, 07:26 PM

Nice job Ekka, it kind of makes you feel good when you can work to resolve an issue between two neighbor,doesn't it. Did the property owners jump through a bunch of the hoops or did they man-up and get on with it?

Looks like they should of had you go down to the end of the fenceline and have a look at the two trees at the corner.

Therrin · 18th January 2008, 08:28 PM

Quote:

Originally Posted by Ekka

....
abate the nuisance by cutting off overhanging branches and digging up roots on their property as long as they take care not to cause unnecessary damage to the plant. [/i]

How likely is it that the "neighbor" could have the roots dug up on their property and *not* have it unnecessarily damage the plant? Would that be like selecting a specific root that is causing a specific problem?

Ekka · 18th January 2008, 08:34 PM

Well, these two neighbours co-operated well.

About roots, here's a good example and could happen. The guy on the left tows his big boat along that fenceline to the rear of the yard. It's a slight uphill grade and the truck/chipper had a hard time on that lawn spinning wheels.

Now imagine if the guy on the left wants to concrete a driveway along there and in the process digs down the 125mm for concrete, he will damage roots.

That's the things you need to consider when planting out fencelines.

In this instance there were no surface roots, nothing to see, but if they were ficus or tipuana trees then there'd be hell to pay!

newguy18 · 19th January 2008, 08:46 PM

so basically in queensland if one neighbor wanted to get picky they could have all the limbs overhanging there side of the fence cut off and all the roots cut out unless the tree is protected?

Ekka · 19th January 2008, 09:25 PM

Dead right.

newguy18 · 20th January 2008, 06:57 AM

dang thats bad.

Ekka · 23rd January 2008, 12:00 AM

Why is it bad, I think it's good.

TrevMcRev · 23rd January 2008, 01:19 AM

Its bad because a perfectly good tree can be caused extensive permernant damage without consultation.

The case you showed seemed fair, but too often this is done over trivial issues like leaves falling

Geez thats nature, thats the beauty of trees, yet coz some anal retentive cant cope with sweeping up a few leaves on the ground they butcher the neighbours tree.

Thinking it is ok to cut up to 50% of the canopy and 50% of the roots off a fenceline tree and not give a stuff it it dies or falls over as a result is not exactly caring about trees.

How could you be so anti-lopping but think treating trees this way is fine?

Ekka · 23rd January 2008, 01:50 AM

Oh, I thought it was about appropriate planting, one could say the planter is extremely negligent in forcing their desires beyond their boundaries.

Could I build a structure that encroached up to say 100' high half way across your back yard? I bet the answer would be no.

However, you can plant a tree that does.

In England this is what feuding neighbours do with Leylandii Cypress hedges and they actually had to bring in the Anti Social Behavioural Act/Trees.

Anal is some-one forcing their desires upon me, correct tree, correct place and maintaining it is the right thing to do. Obviously for the purpose of the discussion we're not referring to special trees perhaps that were retained for development etc. We are talking typical urban instances.

Making assumptions that the pruning work would in each instance destabilize or kill the tree is also rather preemptive, I can easily say that up here almost any tree would survive it no worries within reasonable terms. Also remember we are not talking about protected trees.

Why would you plant a 20m wide species close to your fence?

Just today, 2 quotes, 2 fencline jobs and arguing neighbours. One the customer is 84 years old and the neighbours LillyPilly is planted 1m away from the fence, totally covers her driveway, rubs on her roof and drops a heap of red berries where she manages to shuffle around. She asked the neighbour to prune it etc but the neighbour told her to piss off. So due to the argument she got a lawnmower man to hack off a few branches and threw them back onto the tree owners side of the fence ... the dead branches are still lying there the neibs dont give a stuff. I asked the lady to call her local councillor and have them come out and see the BS that tree owners think they have the rights to subject elderly people to ... the victim, the person who is undergoing the tresspass, an 84 year old woman has to pay for the maintenance of the neighbours tree. That doesn't gel with me either. I couldn't call her anal retentive though.

Quote:

Originally Posted by TrevMcRev

yet coz some anal retentive cant cope with sweeping up a few leaves on the ground they butcher the neighbours tree.

ozinus · 23rd January 2008, 09:58 PM

I am an Arborist recently back in Australia after having worked in the north east United States for the last six years. One thing that immediately drew my attention back in Australia was the ridiculous want of ownership to be denoted by a fence.
What is wrong with natural borders. Most of MA and NH and surrounding states have no fences between properties yet share a common garden bed replete with shade and ornamental plantings beneficial to both yards. If we ever have our clients ear perhaps more of these sorts of ideas could be suggested to our customers. Imagine a far more open park type feel to a neighbourhood. We all know where our property ends and if there is dispute it's nothing a survey can't fix. Half the time the fences are wrong anyway.

newguy18 · 23rd January 2008, 10:15 PM

welcome.

TrevMcRev · 23rd January 2008, 10:31 PM

Quote:

Originally Posted by ozinus

I am an Arborist recently back in Australia after having worked in the north east United States for the last six years. One thing that immediately drew my attention back in Australia was the ridiculous want of ownership to be denoted by a fence.
What is wrong with natural borders. Most of MA and NH and surrounding states have no fences between properties yet share a common garden bed replete with shade and ornamental plantings beneficial to both yards. If we ever have our clients ear perhaps more of these sorts of ideas could be suggested to our customers. Imagine a far more open park type feel to a neighbourhood. We all know where our property ends and if there is dispute it's nothing a survey can't fix. Half the time the fences are wrong anyway.

Have noticed that style of garden common on US tv shows and always thought it was great.
Seems like lots of big open lawns with large specimen trees rather than garden beds full of everything.
Any work pics from your time there?

ozinus · 23rd January 2008, 11:17 PM

No and it's a long winded story why. A link to my old website is in my profile.

18th January 2008, 07:26 PM	#3 (permalink)
TreeDimensional Afterburner is shakin' Join Date: Feb 2007 Location: Canada Posts: 381	Re: Queensland Australia Fence Line Law Nice job Ekka, it kind of makes you feel good when you can work to resolve an issue between two neighbor,doesn't it. Did the property owners jump through a bunch of the hoops or did they man-up and get on with it? Looks like they should of had you go down to the end of the fenceline and have a look at the two trees at the corner. __________________ West Central Saskatchewan ISA Certified Arborist

18th January 2008, 08:34 PM	#5 (permalink)
Ekka Eric Frei Administrator - Brisbane L5 (Dip) Hort Cert III Arb + some Join Date: Jan 2007 Location: Brisbane Posts: 5,672	Re: Queensland Australia Fence Line Law Well, these two neighbours co-operated well. About roots, here's a good example and could happen. The guy on the left tows his big boat along that fenceline to the rear of the yard. It's a slight uphill grade and the truck/chipper had a hard time on that lawn spinning wheels. Now imagine if the guy on the left wants to concrete a driveway along there and in the process digs down the 125mm for concrete, he will damage roots. That's the things you need to consider when planting out fencelines. In this instance there were no surface roots, nothing to see, but if they were ficus or tipuana trees then there'd be hell to pay! __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping Brisbane Tree Care, Consultations and Arborist Reports Forum Sponsors

19th January 2008, 08:46 PM	#6 (permalink)
newguy18 Tree World Icon Join Date: Jun 2007 Location: Live Oak Florida home of the crapiest trees you will ever see. Posts: 2,195	Re: Queensland Australia Fence Line Law so basically in queensland if one neighbor wanted to get picky they could have all the limbs overhanging there side of the fence cut off and all the roots cut out unless the tree is protected? __________________ Have your say join us today. http://www.youtube.com/watch?v=Xzkd_m4ivmc http://www.youtube.com/watch?v=Xzfzb...eature=related http://www.youtube.com/watch?v=x-OqK...eature=related

19th January 2008, 09:25 PM	#7 (permalink)
Ekka Eric Frei Administrator - Brisbane L5 (Dip) Hort Cert III Arb + some Join Date: Jan 2007 Location: Brisbane Posts: 5,672	Re: Queensland Australia Fence Line Law Dead right. __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping Brisbane Tree Care, Consultations and Arborist Reports Forum Sponsors

20th January 2008, 06:57 AM	#8 (permalink)
newguy18 Tree World Icon Join Date: Jun 2007 Location: Live Oak Florida home of the crapiest trees you will ever see. Posts: 2,195	Re: Queensland Australia Fence Line Law dang thats bad. __________________ Have your say join us today. http://www.youtube.com/watch?v=Xzkd_m4ivmc http://www.youtube.com/watch?v=Xzfzb...eature=related http://www.youtube.com/watch?v=x-OqK...eature=related

23rd January 2008, 12:00 AM	#9 (permalink)
Ekka Eric Frei Administrator - Brisbane L5 (Dip) Hort Cert III Arb + some Join Date: Jan 2007 Location: Brisbane Posts: 5,672	Re: Queensland Australia Fence Line Law Why is it bad, I think it's good. __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping Brisbane Tree Care, Consultations and Arborist Reports Forum Sponsors

23rd January 2008, 01:19 AM	#10 (permalink)
TrevMcRev Astronaut Join Date: Feb 2007 Location: Melbourne, Victoria, Australia. Posts: 672	Re: Queensland Australia Fence Line Law Its bad because a perfectly good tree can be caused extensive permernant damage without consultation. The case you showed seemed fair, but too often this is done over trivial issues like leaves falling Geez thats nature, thats the beauty of trees, yet coz some anal retentive cant cope with sweeping up a few leaves on the ground they butcher the neighbours tree. Thinking it is ok to cut up to 50% of the canopy and 50% of the roots off a fenceline tree and not give a stuff it it dies or falls over as a result is not exactly caring about trees. How could you be so anti-lopping but think treating trees this way is fine? __________________ Melbourne Arborist, Total Tree Care, Pruning, Tree and Stump Removal

23rd January 2008, 09:58 PM	#12 (permalink)
ozinus Banned Join Date: Jan 2008 Location: Brisbane Posts: 59	Re: Queensland Australia Fence Line Law I am an Arborist recently back in Australia after having worked in the north east United States for the last six years. One thing that immediately drew my attention back in Australia was the ridiculous want of ownership to be denoted by a fence. What is wrong with natural borders. Most of MA and NH and surrounding states have no fences between properties yet share a common garden bed replete with shade and ornamental plantings beneficial to both yards. If we ever have our clients ear perhaps more of these sorts of ideas could be suggested to our customers. Imagine a far more open park type feel to a neighbourhood. We all know where our property ends and if there is dispute it's nothing a survey can't fix. Half the time the fences are wrong anyway.

23rd January 2008, 10:15 PM	#13 (permalink)
newguy18 Tree World Icon Join Date: Jun 2007 Location: Live Oak Florida home of the crapiest trees you will ever see. Posts: 2,195	Re: Queensland Australia Fence Line Law welcome. __________________ Have your say join us today. http://www.youtube.com/watch?v=Xzkd_m4ivmc http://www.youtube.com/watch?v=Xzfzb...eature=related http://www.youtube.com/watch?v=x-OqK...eature=related

23rd January 2008, 11:17 PM	#15 (permalink)
ozinus Banned Join Date: Jan 2008 Location: Brisbane Posts: 59	Re: Queensland Australia Fence Line Law No and it's a long winded story why. A link to my old website is in my profile.