Neighbourhood Disputes

Under Queensland’s Neighbourhood Disputes Resolution Act 2011,1 adjoining owners are normally expected to share equally the reasonable cost of a sufficient dividing fence. The arguments start when one side wants rendered brick where timber palings would do - or when a storm flattens the old fence overnight and nobody agrees on who calls the contractor first2. What counts as a sufficient dividing fence The Act asks whether the fence is sufficient for both properties, judged against what is usual for the area and what each household reasonably needs - privacy, keeping children and pets safely contained, and basic security. Key points:

If you cannot agree with your neighbour on repairing or replacing a dividing fence, QCAT can make a binding legal decision to resolve the dispute.

Disputes over tree branches crossing property lines are common in Queensland, but the law sets out a very specific process that must be followed. The primary legislation is the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) (the Act). An affected neighbour does not have an unconditional or automatic right to trim overhanging branches and demand reimbursement. The Queensland Government’s official guidance is available at qld.gov.au: What to do if a neighbour’s tree is affecting you . The Queensland Law Handbook also publishes a thorough plain-English summary: Neighbouring Trees and Other Plants (last updated September 2024).

If a neighbor is harassing, threatening, or excessively disturbing your peace, you can apply to the Magistrates Court for a Peace and Good Behavior Order to legally compel them to stop.

Responsibility for a retaining wall on or near a property boundary in Queensland generally falls on the owner who benefits from the wall — that is, the owner whose soil the wall is retaining. It is not automatically shared 50/50. QCAT cannot directly hear retaining wall disputes unless a dividing fence is also in dispute.

Queensland law does not guarantee a right to a view or sunlight. You generally cannot force a neighbor to cut down trees or bamboo just because it shades your solar panels.

Under Queensland law, the owner of the property where the tree originates is typically liable for repair costs if their tree falls and damages a neighbour’s fence or roof.

Under Queensland law, if you can prove a neighbor’s tree roots have caused ‘unreasonable interference’ or damage to your property, you may apply for QCAT orders for repairs and compensation.