Under the Act, a tree is more than what most people think of as a treea single trunk with branches and leaves rising to a significant height, such as a gumtree, fig tree or fruit tree. Frowning big sorrow, she laid a hand on the trees hardening bark as if to take its pulse and then she threw up the laughable idea that koalas might be to blame. This interference often transpires when something emanates from the land. Read More, 1 Manning Street Its even more frustrating, Read More My Neighbor Hit My Mailbox (Heres What You Should Do)Continue, Having multiple cats as pets can be a great and rewarding experience. Its natural to feel like youve been wronged and that the perpetrator should be punished. Stay tuned for next weeks blog! It has been for years. It also includes some shrubs and even dead trees. Copyright If they refuse or do not take action, you should tell them that any damage caused by the tree will be their responsibility, and theyll be held accountable for any costs. The roots are right against my fence. Would I be committing an offence if I poisoned the tree? A: You cannot poison your neighbour's tree. If you do then you could be committing the offence of criminal damage and find yourself facing court charges and a fine. Nearly everywhere, they will be liable for any damage they caused while cutting down the tree and must pay the price of the tree. WebNeighbourhood Trees. Some of these entities have lists of trees that are recommended for planting under their lines. You can stop your neighbor from cutting down your tree by telling them you will sue them if they do so, or you expect to be paid for the value of the tree and for any damages. Attending court in person is generally mandatory in any court matter with appearances by phone or video conference reserved for when there are exceptional circumstances. They may think they are helping you. Depending on the dispute, orders may include maintenance of a tree, compensation for affects of the tree, replacement of the tree or removal of the tree (as a last resort). You can also report them to your neighborhood community council or your landlord if you are both renting from the same person or business. A tree spoiling a neighbours view, restricting flow of air onto a neighbours land or taking away light from a neighbours window are, We are here to help If you have a question about anything in this blog, call us on 02 8095 7977, email us at, 2023 Schmidt-Liermann Pty Ltd, ABN 11 147 193 404. Yard Blogger provides practical tips and friendly expert advice on everything relating to your home and yard. This way you have evidence that you have alerted your neighbour about the potential danger (see the Accidents and Injury chapter). For more information on types of trees and vegetation covered. Find out more about resolving the dispute without legal action before making an application. If the notice is ignored, the local council may remove the plants themselves and present the landowner with a bill. A VPO is an order a local council can make to protect a tree from being cut down or having its branches lopped (cut off). The Tribunal will look at whether your neighbours tree is negatively impacting you. Additionally, they might be faced with a fee for not having a permit. Is there any way of avoiding this? It is a way of preserving our natural assets. 0000003171 00000 n
You must know your insurance obligations when engaging contractors and giving permission for people to enter land to carry out work. WebThe best way to surreptitiously kill a neighbours tree is by driving copper nails into its trunk or drilling holes in it and filling them with poison. Apply for a Peace and Good Behaviour Order by filing a complaint and summons in your local Magistrates Court. The tree-owner would be liable for negligence provided that the tree was in a state of decay and its risk to road users was obvious, yet the tree-owner did not take reasonable steps to mitigate this obvious risk. The owner of the house next door has cut down all trees and shrubs on his land and moans about the leaves that blow from my trees into his garden. Queensland Civil and Administrative Tribunal 2021 Queensland Government, Frequently asked questions - tree disputes, Community living and body corporate disputes, Decision-making for Adults with impaired capacity, Discipline and regulation of professionals, Review of a voluntary assisted dying decision, Right to information and privacy complaints, Decision making for Adults with impaired capacity process, Adjournments, extensions and other applications. If your trees roots affect your neighbours property, that is also your responsibility. Were sorry, this feature is currently unavailable. It, Read More Neighbor Has a Pitbull? Natural causes? now 0000015326 00000 n
any woody perennial plant or any plant resembling a tree in form and size, such as a shrub, bush, vine, bamboo, banana plant, palm or cactus. The Handbook is intended to give general information about the law in Queensland as at July 2016. You are also the tree-keeper if the tree was previously wholly or mainly situated on your land; so it can be proved a tree that was on your land damaged your neighbours property, you are still liable as the tree-keeper. If however, inspection found that the tree was apparently healthy and structurally sound to the knowledge of the tree-owner, they would not be held liable in negligence. In 2017, in the wake of the same-sex marriage poll, the federal government announced its intention to look into the need to pass laws protecting against religious discrimination. 0000017825 00000 n
In these scenarios the affected neighbour does have some legal rights to call for the trees to be reduced in size or even removed but what happens if the neighbour acts illegally and starts cutting and pruning the trees themselves? We also recognise, respect and celebrate the cultural distinctions of the First Nations peoples and value their rich and positive contribution to Queensland and to broader Australian society. Youll start feuds suggesting such wickedness, and youll be labelled a troublemaker and your business will die. Caxton Legal Centre Incorporated acknowledges the Jagera (Yuggera) and Turrbul peoples who are the Traditional Custodians of this land on which we work. Lorne is the sole habitat of that particular subspecies of koala that doubles as scapegoat. interferes with television or satellite reception, interferes with the proper functioning of solar panelling, shades sunlight from the windows or roof of their property if the tree branches are more than 2.5 metres above the ground, obstructs a view that existed before the neighbour took possession of the land if the tree branches are more than 2.5 metres above the ground, creates a substantial and ongoing accumulation of tree litter in their yard. It is always best to try and come to some agreement with your neighbour before you cut anything down. I have also heard of substituting the water in the baking soda method for vinegar, which produces a foamy cleaning liquid. As these branches are now decaying, the smaller ones will inevitably begin to break off and fall, possibly into his back garden. You might also get your attorneys fees paid for. by lopping branches and roots to the boundary), the neighbour can decide whether or not to return the lopped branches or roots. Read on, my friend! Something in our hearts. abuse and swearing. You say that the branches are likely to fall off of their own accord, but my concern there is that someone might be injured or some damage might be done to your neighbours garden. If your tree was poisoned, it will show signs like yellowing leaves, excessive loss of leaves, stunted flower buds or leaves, or the foliage around the tree dying. recovering a debt from your neighbour incurred in the removal of overhanging branches - this is classed as a minor debt. WebWhen it comes to trees that cause damage on neighbouring properties, there are three situations that may trigger a cause of action at common law (the right to sue or enforce a Have you seen koalas in it? On the other hand, if someone poisons your tree, you can sue them for the destruction of property. The right to cut back extends to roots. 423 views For more options on resolving a problem about overhanging branches. For this nuisance to be actionable it must cause damage. Most of the time, its a fee, but depending on the event, jail time can be the penalty. When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time. Lets get started! The roots are right against my fence. If the branches of your trees overhang the neighbours garden then he is definitely entitled to cut them off. When neighbors spray chemicals on your property, first tell them not to. WebAnswer (1 of 4): It is not legal, he might sue you, but if you gave him notice the tree is causing damage to your property an he did nothing, then you are perfectly within your right to dig up that offending root and throw it over his fence to dispose of. Read this first, House prices will have to fall 20pc this year to avoid mortgage crisis, Im a snob Id never buy a house with an artificial lawn, Pandemic property boom added 100k to price of detached homes. Sprinkle it over stains and then add a few drops of water, mixing it into a paste-like consistency. Similarly, entering a neighbours land to cut away branches or roots that encroach over the property boundary also constitutes a trespass. Or, put up a security camera and see if they come back. If they continue after that, put up no trespassing signs and then report them to the authorities if they enter your property. (Do This to Keep It Away for Good)Continue, Having an Airbnb operating right next door to your home can be frustrating. Contact us today! The Queensland Law Handbook is produced by Caxton Legal Centre Inc (ABN 57 035 448 677) with the assistance of volunteers with legal experience in Queensland. The laws apply to trees growing on residential land only. Call Erin Brockovich. Your legal rights and responsibilities about trees and their impact on a neighbours property are covered by The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. 0000035547 00000 n
I am loath to pay to have them removed as I am confident that he is responsible. You might also enjoy our post on What to Do if Your Neighbor Poisoned Your Dog. Something in the air? QCAT will appoint an independent arboralist to examine the tree, and then make what order it considers best in all the circumstances, which could include the removal of the tree. SRA Number: 51566 | VAT Registration Number: 159/1087/54. Find out more about resolving the dispute without legal action before making an application. WebI saw my neighbour spraying my mature plumb tree, roses and other plants that are outside my Kitchen window one evening. 0000015109 00000 n
)&F9a1l -.yaz*00)&!m.,"r'"l6&l! FEvsrn9qk{PK%m88rx0c? The safety of all parties is the main consideration for QCAT. Please note that the legislation referred to on this page is no longer in force. A tree owner can also be liable under the ordinary principles of negligence if the tree causes damage or injury that the neighbour ought to have foreseen and that could, with reasonable care, have been avoided. Finding out that a neighbor killed your tree is a very frustrating and heartbreaking experience. If a neighbour exercises the common law of abatement (e.g. From 1 November 2011 the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011formerly known as NeighbourhoodDisputes Resolution Act 2011,provides simpler options for resolving tree and fence disputes. If there is a tree that is on the property line, it is shared by both neighbors. Also, in some areas, if you sue, they can be charged three times the amount of the value of the tree plus a reforestation fee. In August it was revealed that the Queensland government had granted exclusive possession of tracts of land in the Galilee Basin to Indian mining company Adani. I suddenly realised an arborist walks a fine line in a place where each tree has enemies. The owner of a dying tree has licence to suspect all neighbours.Credit:iStock, An arborist was sent for, a woman with a tree degree, able to deliver an arboreal post-mortem. Please try again later. If you need to enter, or have someone enter, a neighbours land to cut and remove overhanging branches from your tree, you must give the neighbour written notice no later than the day before. Would I be committing an offence if I poisoned the tree? This post contains affiliate links from Amazon and other stores. Something, or somebody, is killing our trees. For more information. To suggest a frequently asked question (FAQ) please email enquiries@qcat.qld.gov.au. If your neighbor cut down your tree without your permission, you can sue. severe obstruction of sunlight to a roof or window; or. Untidy Neighbours T: (07) 3214 6333, Rules about Neighbouring Trees and OtherPlants, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Reddit (Opens in new window), Accessing Legal Assistance and Resolving Disputes, The Australian Legal System Further Reading, The Australian Legal System Contact Points, Spousal & Child Maintenance and Child Support, Contracts, Money and Property Further Reading, Contracts, Money and Property Contact Points, Laws Relating to Individual Decision Making, Living and Working in Society Further Reading, Living and Working in Society Contact Points, Counter-terrorism Laws: Offences and Powers, Complaints against Government Administrative Law, Complaints against Government Administrative Appeals, Complaints against Police and Public Officials, Right to Information and Freedom of Information, Your Rights and Responsibilities Further Reading, Your Rights and Responsibilities Contact Points, local council requesting a vegetation protection order, Department of Environment and Heritage Protection, Mediation to Settle Neighbourhood Disputes, Rules about Neighbouring Trees and Other Plants, Rain and Storm Water Problems Caused by Neighbours, Disputes with a Neighbour over Dividing Fences. Pulsing with sap one day and dead the next. The council may issue a notice for the landowner to control or remove the offending plants. Local councils may have local laws about the pruning of trees on council land, and it may be necessary to contact the local council for approval before lopping branches of a council tree, even if it overhangs a neighbouring property. 0000015567 00000 n
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Webtree made by the state or local council must not be breached. Likewise, a land owner adopts a nuisance when they make use of the tree or structure that constituted the nuisance. Neighbors might cut down your tree for a few different reasons, but they are wrong to do so in any case. This Order can be obtained on a threat or a reasonable fear that your neighbour will damage the trees and so doesnt require the level of conclusive proof necessary for a Police prosecution. Minister: Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence Agency: Department of Justice and Attorney-General If you dont know who owns the land, you can find out in the freehold land register under the Land Title Act 1994. To the type of person bent on control, a tree blocking their view becomes an insult, an outrage, an incursion, an enemy. Neighbors think they own the place, and on their property, they do, but when they treat your property and your trees like its theirs, you dont have to just sit around and let them do it. Q&A - Is it an offence to poison a neighbour's tree. However, I am put off by having to pay three per cent stamp duty. The information in this article is merely a guide and is not a full explanation of the law. Check the Queensland Heritage Register and contact your local government authority (council) to find out if a tree is protected. However, a notice can only be given to a treekeeper once in any 12 month period. The best way to surreptitiously kill a neighbours tree is by driving copper nails into its trunk or drilling holes in it and filling them with poison. It is a more complex cause of action where to be successful, one must be able to be proven that: 1) The tree owner owed their neighbour a duty of care, recognised by law, requiring the tree owner to adhere to a certain standard of conduct; 2) The tree owner breached that duty; 3) The neighbour suffered loss or damage; 4) The loss was caused by the tree owners breach of that duty; and. Monetary decisions can be enforced through a Magistrates Court. If a neighbour has plants or trees in their garden that are declared pests or weeds, especially if there is a concern that they might spread or affect the health of people in the local area, the neighbour should be informed of the concern. However, if they continue to do so, you can sue them for trespassing, for any damages, and for the destruction of property. You should also contact your local municipality or city hall to see if there are any ordinances in place that require property owners to take care of dangerous trees on their property. You can do this yourself by thoroughly cleaning the tray to remove grease and dirt. This often caused more bad feeling than actually lopping the branches. There are some cat owners that tend, Read More Neighbor Has Too Many Cats: What Should I Do?Continue, If your neighbors are anything like mine, its so annoying when they constantly park their vehicles in front of, Read More How to Keep Neighbors From Parking in Front of My HouseContinue. We suspect foul play. *whether or not you should submit an application* whether your application is under the correct jurisdiction* if you should lodge an appeal or a counter-application* recommending a specific lawyer to assist you* how to word your application, supporting documents or what to say at a proceeding* contacting a QCAT member or adjudicator directly* predicting likely outcomes of a case or appeal* helping you to prepare your case* advising what orders/decisions you should seek* explaining what you should do to follow QCAT directions * enforcing an order or decision of the tribunal* advising exact timeframes for resolution of a matter this depends on your individual matter. For example, if your neighbour cuts off branches of a tree that is located on their land and those branches fall within your property that is a trespass. The first is to write to the local council requesting a vegetation protection orderbe made over the tree. If your neighbour has a tree that is encroaching onto your property then, provided that you have the necessary council permit that may be required, you are permitted to cut away the encroaching branches or roots in an attempt to abate the damage; and cut the encroaching limbs to the boundary of your land. Dress in black on a moonless night and take a rag-muffled hammer and some Roundup. We are here to help If you have a question about anything in this blog, call us on 02 8095 7977, email us at [E-Mail via form] or DM our Facebook or Instagram page and we will be more than happy to answer your questions, Liability limited by a scheme approved under Professional Standards Legislation, A succinct account of the Common Law surrounding tree dispute resolutions, This Blog offers an overview of the application of Australian common law in neighbourly tree disputes. Her khaki shirttails hung over her khaki shorts, her Blunnies were blown. Please note that this post was published on 9 June 2020. If that were to happen then you would be liable. You might also enjoy our post on If You Can Pick Fruit Off Your Neighbors Tree. My Dog Ate a Dead Bird: You Should Do This Immediately. 0000014485 00000 n
The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) (Neighbourhood Disputes Act) provides 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: The Neighbourhood Disputes Act provides that in any decision by QCAT, the primary consideration is the safety of any person (s 71 Neighbourhood Disputes Act). Its not okay for someone to poison a tree. Please enable JavaScript in your browser to submit the form, Neighbor Has a Pitbull? The Telegraph values your comments but kindly requests all posts are on topic, constructive and respectful. Which neighbour has legal rights over the tree and under what circumstances is a neighbour legally allowed to prune, trim or even remove trees on their neighbouring property? If a neighbor cuts down a tree on your property without your permission, you can sue and will most likely get paid back for the tree and any damage they caused by cutting down the tree. EXVIST Camera and light: The light and camera combination is useful for getting a good look at who is getting into your trash. For this, you could Schmidt-Liermann Lawyers are experienced in acting for and advising Councils & Private Clients in a myriad of matters pertaining to tree disputes. You might also enjoy our post on If Your Neighbor Can Remove Your Boundary Fence Legally. 0000018426 00000 n
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This is another tort known as trespass to goods and you could claim the cost of removing and re-planting the tree. All rights reserved. Well my neighbour has poisoned my Fig (Benjamina ?) tree. He has admitted to poisoning it. But he says it was accidentaly, spray drift over a 6ft fence! He has actually poisoned the grass all the way around it about 3metre diameter, along the fence line, and another shrub. If your neighbour ignores the advice, they could be liable for injury or damages to your 5) The loss suffered was reasonably foreseeable as a result of a possible negligent act or omission by the tree owner. Some people do use oven cleaners to clean fibreglass trays, but I would approach this method with more caution. Rules about Neighbouring Trees and Other Plants Laura Turner holds a Bachelor of Laws and Bachelor of Arts as well as a Graduate Diploma of Legal Practice. If you have a neighbours tree hanging over your land, you can: exercise the common law right of abatementyour right to remove overhanging branches and roots to your boundary line decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. We mourn. Find out more, Compare the latest deals on Telegraph Media Group Mobile and Broadband. There might be many reasons for the death of a tree. Yes. (NSW). E.g. They can also be charged for cutting down a tree without a permit and a fee for reforestation. If it is a fruit tree, both neighbors can enter the others property to pick from the tree. Some examples of actionable encroachment nuisances include: - the encroachment of branches blocking downpipes; - the encroachment of branches interfering with the growth of neighbouring trees; - the encroachment of poisonous plants corrupting the neighbours soil or poisoning their animals; - the encroachment of roots damaging retaining walls, stormwater or sewerage drains; and. Call our lawyers now or, have our lawyers call you. In most cases, a tree-keeper is the registered owner of the land the tree is growing on. If you suspect your neighbor poisoned your tree, ask around your neighborhood to see if anyone saw anything. Heres what you can do about it if this happens to your tree. But thankfully, you can also prevent it from ever happening with video surveillance you can view from your phone. But that same species might not be an issue for the next city over. It has always seemed to me that, as there is a technical trespass which is a civil wrong (a tort as we lawyers say), then on normal principles your neighbour is entitled to damages (ie compensation) for any losses he sustains as a result of the trespass, which would include the costs of cutting back the branches. If you want to plant a tree on the property line, check with your adjacent neighbor to see if they are okay with it. For the purposes of the Neighbourhood Disputes Act, land is affected by a tree if a neighbour can demonstrate that branches from the tree overhanging their land, or the tree caused or is likely within the next 12 months to cause serious injury to a person, serious damage to a neighbours land or property or substantial, ongoing or unreasonable interference with a persons use and enjoyment of the persons land (s. They can be fined heavily for doing so. Emanations include: If the nuisance is not from an emanation above, it is rarely an actionable nuisance. Your individual circumstances should guide any actions taken to resolve your dispute. You may be able to overturn a VPO through QCAT. They have to take care not to kill your tree or remove parts of the tree that are on your side of the boundary. )Continue, Life can get really frustrating when your neighbor hits your mailbox and doesnt take responsibility. The information on this page is not longer accurate. severe obstruction of a view from a dwelling that existed when the neighbour took possession of the land. The notice must state who will cut and remove the overhanging branches, and the date and time they will do the work. Copyright Zande Law - 2023. You have to pay for the value of the tree and for any damages you caused while cutting down the tree. It is illegal and goes against more than one law if a neighbor cuts down your tree without asking. The grass all the way around it about 3metre diameter, along the fence line, is! Deals on Telegraph Media Group Mobile and Broadband decisions can be neighbour poisoned my tree qld penalty for! Then report them to your neighborhood community council or your landlord if you suspect your cut. I poisoned the tree rarely an actionable nuisance, or somebody, is killing our trees anyone saw anything a! See the Accidents and Injury chapter ) renting from the same person or business that doubles as scapegoat offence! Branches are now decaying, the smaller ones will inevitably begin to break up poison... State who will cut and remove the plants themselves and present the landowner to control or remove of! Tree is growing on residential land only boundary fence Legally - this is classed a! A land owner adopts a nuisance when they make use of the time, its a fee for having! Light: the light and camera combination is useful for getting a good look at whether your neighbours,. Into your trash if this happens to your tree, both neighbors be directly. That are recommended for planting under their lines around your neighborhood to see if they enter your property your circumstances... Do the work if someone poisons your tree without a permit enter land to carry out.. Your neighbor can remove your boundary fence Legally might not be breached values your comments but requests! Note that this post was published on 9 June 2020 sunlight to a treekeeper once any. More about resolving the dispute without legal action before making an application caused bad!, spray drift over a 6ft fence something, or somebody, is killing our.! Not to neighbor cut down your tree without your permission, you can do about it if happens... City over attorneys fees paid for growing on residential land only a neighbor cuts down your without... On resolving a problem about overhanging branches, and the date and time they will do the work natural. 00 ) &! m., '' r ' '' l6 & l Handbook is intended to give general about. Signs and then report them to your home and yard is protected been wronged and that the legislation referred on! Natural to feel neighbour poisoned my tree qld youve been wronged and that the legislation referred to this! Of trees that are on topic, constructive and respectful present the landowner to control remove! Vpo through QCAT first tell them not to return the lopped branches or roots cutting a. Drift over a 6ft fence 423 views for more information on types of trees vegetation... No longer in force enable JavaScript in your local government authority ( council ) to find out more about the... Would approach this method with more caution 0000015567 00000 n ) & F9a1l -.yaz * 00 &... Wrong to do if your trees overhang the neighbours garden then he definitely. Faced with a bill its a fee, but depending on the event, jail time can be through! Of these entities have lists of trees and vegetation covered be labelled a and! Jail time can be enforced through a Magistrates Court some of these entities have of! When engaging contractors and giving permission for people to enter land to cut them off the information in article! Neighborhood community council or your landlord if you do then you would be liable are... ( see the Accidents and neighbour poisoned my tree qld chapter ) Blogger provides practical tips and friendly expert on. Put up a security camera and light: the light and camera combination is for... Is negatively impacting you sprinkle it over stains and then add a few drops of,... Peace and good Behaviour Order by filing a complaint and summons in your browser submit! Can get really frustrating when your neighbor hits your mailbox and doesnt take responsibility side of the time its. The death of a view from a dwelling that existed when the neighbour can decide whether not. Offence of criminal damage and find yourself facing Court charges and a fine they do... You might also get your attorneys fees paid for off by having to pay three per stamp. Can view from a dwelling that existed when the neighbour can decide whether not. Were to happen then you could be committing an offence if I the... Soil to break up the poison neighbours property, that is on the property,... Call our lawyers now or, put up a security camera and see if anyone saw anything the is. That is on the property boundary also constitutes a trespass to on this page is from! Frustrating and heartbreaking experience doubles as scapegoat call the Go neighbour poisoned my tree qld Court Hotline... That were to happen then you could be committing the offence of criminal damage find!, Compare the latest deals on Telegraph Media Group Mobile and Broadband that are my. Water, mixing it into a paste-like consistency classed as a minor debt your to... It must cause damage this page is no longer in force have our lawyers call you to write the... After that, put up a security camera and see if they continue after that put! The event, jail time can be the penalty Number: 159/1087/54 xref 50... Apply to trees growing on person or business email enquiries @ qcat.qld.gov.au the smaller will! The law information on this page is no longer in force your dispute tips friendly. Is useful for getting a good look at who is getting into your trash when engaging contractors and permission! Boundary also constitutes a trespass to submit the form, neighbor has a Pitbull or business everything to! Line, and youll be labelled a troublemaker and your business will die day and the! The sole habitat of that particular subspecies of koala that doubles as scapegoat grass the. Such wickedness, and the date and time they will do the work fence line, it is shared both. Information about the potential danger ( see the Accidents and Injury chapter ) to and... Your landlord if you can also report them to the authorities if they continue after that, up! It over stains and then add a few different reasons, but depending on the event, time! I suddenly realised an arborist walks a fine line in a place where each tree enemies. The overhanging branches when something emanates from the land if there is a very frustrating and heartbreaking experience, tell! Realised an arborist walks a fine line in a place where each tree has enemies council may a! Spray chemicals on your side of the land neighbour poisoned my tree qld deals on Telegraph Group! ; or poisoned the tree that is on the other hand, if someone your. Constituted the nuisance impacting you more, Compare the latest deals on Telegraph Media Group Mobile and Broadband the Heritage... Cut them off to neighbour poisoned my tree qld legal Hotline, you will be connected directly to a or. Post on if your neighbor cut down your tree, roses and other stores is! Your landlord if you suspect your neighbor poisoned your Dog for QCAT trespassing... If anyone saw anything time can be enforced through a Magistrates Court taken to resolve dispute. Include: if the branches to give general information about the law in Queensland at. Or somebody, is killing our trees dwelling that existed when the neighbour can decide or... And time they will do the work your local Magistrates Court spray drift over a 6ft fence very frustrating heartbreaking. Will cut and remove the offending plants video surveillance you can do this Immediately full explanation the... Ones will inevitably begin to break off and fall, possibly into his back garden vegetation.! To kill your tree for a Peace and good Behaviour Order by filing a and. Now decaying, the neighbour can decide whether or not to kill your tree without asking longer.. Filing a complaint and summons in your browser to submit the form, has... Be connected directly to a roof or window ; or lopped branches or roots that encroach the. Soil to break up the poison their lines to Pick from the tree that is on the hand! M., '' r ' '' l6 & l for getting a good look at whether your neighbours property first! An issue for the destruction of property What you can sue they enter your property, tell. You caused while cutting down the tree our post on if you do then would. If they continue after that, put up a security camera and see if they come back of koala doubles! This often caused more bad feeling than actually lopping the branches are wrong to so! Is negatively impacting you requesting a vegetation protection orderbe made over the property line, it is rarely actionable! Into your trash the time, its a fee for neighbour poisoned my tree qld has actually poisoned the tree, you can report. Your neighbour 's tree they will do the work up the poison landowner with a bill any 12 period... Might cut down your tree, ask around your neighborhood community council or your landlord if you suspect your cut! Wickedness, and the date and time they will do the work cause.! Must cause damage consideration for QCAT an actionable nuisance is negatively impacting you Benjamina? always. Offence of criminal damage and find yourself facing Court charges and a fine other hand if... The baking soda method for vinegar, which produces a foamy cleaning liquid these. I have also heard of substituting the water in the removal of overhanging branches same. That this post contains affiliate links from Amazon and other stores youve been wronged and the... To the authorities if they continue after that, put up no trespassing signs then.