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 commenced on 1 November 2011 and makes it easier for neighbours to resolve their disputes over trees and fences. While no two queries or disputes will be exactly the same, this is a quick guide to help you and your neighbour find the best solution and keep your neighbourly relations intact.

Step 1 - Find out more

This website contains information about what the new laws for trees and fences will mean for you. You can also read the Neighbourhood Disputes Resolution Act 2011 in full.

For more information about avoiding conflict over trees and fences and resources to assist you, including the neighbourhood mediation kit, visit the department’s Dispute Resolution Branch

More information about neighbourhood disputes including trees, fences, noise and animals, visit Legal Aid Queensland.

Step 2 - Talk to your neighbour

Often, a friendly conversation is all that needs to happen to get the ball rolling. Knock on their door or slip a note in their letterbox letting them know you would like to have a chat. Visit the department’s Dispute Resolution Branch for advice about avoiding conflict over trees and fences.

Step 3 - Get it in writing

When you and your neighbour agree on a solution, get it in writing. If you and your neighbour cannot agree, consider mediation before legal action.

Step 4 - Go to mediation

Mediation offers you an alternative way of settling disputes before taking legal action. The department’s Dispute Resolution Branch has trained mediators who act as an impartial third party and can take you through a structured mediation process. Mediation is cheaper, easier and quicker than taking legal action. There are Dispute Resolution Centres throughout Queensland.

Step 5 - Seek legal advice

If an issue has escalated, you may need legal advice. The Queensland Law Society can refer you to a private lawyer. Legal Aid Queensland does not provide legal advice about disputes about trees or fences, but can give you the contact details of your local community legal centre, including Queensland Association of Independent Legal Services (QAILS).