3Nov2011_New legislation for neighbourhood disputes is now in effect
New legislation to help resolve disputes about overhanging trees and dividing fences is now in effect, Carolyn Male MP, State Member for Pine Rivers said.
Carolyn Male MP said the new Act clarified who was responsible for building and maintaining dividing fences and who was responsible for ensuring trees and branches did not impose on someone else’s property.
“Prior to these changes there was no legislation covering backyard trees," Carolyn Male MP said.
“These modern laws clearly spell out neighbours’ obligations in relation to fences and trees to better reflect a ‘fair go’ all round."
“While most people might find it easy to trim overhanging branches, for many people including the elderly or people with disabilities, this is impossible."
“From today, if someone believes a tree poses a danger or it’s adversely affecting their land they can write to the owner, requesting for it to be trimmed or removed."
“They can also claim up to $300 to trim a tree if parties can’t agree on a resolution."
“When it comes to fences, the height must be 0.5 to 1.8 metres and both owners must agree the fence is sufficient."
“First and foremost, we want to see neighbours communicating with each other about these matters and trying to reach a resolution."
“These laws set the ground rules and allow either party to refer the matter to the Queensland Civil and Administrative Tribunal (QCAT) if agreement can’t be reached.”
Carolyn Male MP said the new legislation also includes a clear definition of a sufficient dividing fence and how cost should be apportioned.
Carolyn Male MP said it was important the legislation was in place before summer.
“We’ve already seen the storm season kick off in Queensland this year and we’re expecting more to come,” Carolyn Male MP said.
“That’s why it’s important gardens and fences are in good order to ensure dangerous objects aren’t flying around in the middle of a storm and that’s where this legislation can help.”
For more details visit www.justice.qld.gov.au
“Prior to these changes there was no legislation covering backyard trees," Carolyn Male MP said.
“These modern laws clearly spell out neighbours’ obligations in relation to fences and trees to better reflect a ‘fair go’ all round."
“While most people might find it easy to trim overhanging branches, for many people including the elderly or people with disabilities, this is impossible."
“From today, if someone believes a tree poses a danger or it’s adversely affecting their land they can write to the owner, requesting for it to be trimmed or removed."
“They can also claim up to $300 to trim a tree if parties can’t agree on a resolution."
“When it comes to fences, the height must be 0.5 to 1.8 metres and both owners must agree the fence is sufficient."
“First and foremost, we want to see neighbours communicating with each other about these matters and trying to reach a resolution."
“These laws set the ground rules and allow either party to refer the matter to the Queensland Civil and Administrative Tribunal (QCAT) if agreement can’t be reached.”
Carolyn Male MP said the new legislation also includes a clear definition of a sufficient dividing fence and how cost should be apportioned.
Carolyn Male MP said it was important the legislation was in place before summer.
“We’ve already seen the storm season kick off in Queensland this year and we’re expecting more to come,” Carolyn Male MP said.
“That’s why it’s important gardens and fences are in good order to ensure dangerous objects aren’t flying around in the middle of a storm and that’s where this legislation can help.”
For more details visit www.justice.qld.gov.au
