Neighbourhood Disputes Resolution Act 2011
The Neighbourhood Disputes Resolution Act 2011 (the Act) commenced on 1 November 2011. The Act provides more effective remedies for neighbours to help resolve disputes about dividing fences and trees. It also gives jurisdiction to the Queensland Civil and Administrative Tribunal (QCAT) to deal with these matters.
The information provided on this website is a general guide to the Act. The resolution of each neighbourhood situation depends on its own unique circumstances and legal advice should be sought if you are in doubt about your legal rights.
Community information sessions
Free community information sessions on resolving neighbourhood disputes regarding trees and dividing fences will be held in February and March 2012. The community information sessions will provide property owners, property occupiers and community and neighbourhood groups with information on their rights in regard to trees and dividing fences and will consist of presentations and questions and answers.
Dividing fence disputes questions and answers
The Act includes a wider definition of the term fence (including hedges) and clearer definition of the term ‘sufficient dividing fence’. Other general changes include a single ‘Notice for contribution to fencing work’ form, clarification that the ownership of the dividing fence on a common boundary is shared equally, distinction between a retaining wall and a fence, and clearer rules for pastoral and agricultural fences.
Tree disputes questions and answers
The Act states that the proper care and maintenance of a tree will be the responsibility of the tree keeper and provides greater choices for neighbours about trees affecting their property.
Resolving tree and fence disputes
Every year, thousands of Queenslanders find themselves in the middle of a neighbourhood dispute about a tree or a fence. The new Neighbourhood Disputes Resolution Act 2011 will make it easier for neighbours to resolve their disputes over trees and fences.