Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 52

52 Responsibilities of a tree-keeper

(1) A tree-keeper is responsible for cutting and removing any branches of the tree that overhang a neighbour’s land.

(2) A tree-keeper is responsible for ensuring that the tree does not cause—

(a) serious injury to a person; or

(b) serious damage to a person’s land or any property on a person’s land; or

(c) substantial, ongoing and unreasonable interference with a person’s use and enjoyment of the person’s land.

(3) This section does not create a civil cause of action based on a breach of a tree-keeper’s responsibilities.

Note—

This section is intended to help a tree-keeper and neighbours resolve any issues about a tree without a dispute arising. However, this section does not create a separate cause of action. This chapter provides ways of dealing with some issues that fall within a tree-keeper’s responsibilities under this section.