Trees Blocking Your View: New laws provide solution

Do your neighbours trees block the view you used to enjoy across your neighbours property?

The law has not traditionally recognised that home owners have rights to a view, but a new law in Queensland since 2011 has changed that to some extent. 

In this video, John Gallagher from Argon Law will tell you how to protect your view. 

The Neighbourhood Disputes Resolution Act makes land owners responsible for:
-Ensuring that their trees do not cause substantial, ongoing and unreasonable interference with their neighbours use and enjoyment of their land. 
-Allows a neighbour to apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order if the interference results in an obstruction of their view. 

There are things involved that clarify these laws, such as how high the blockage of view has to be and other limitations, etc. 

If you fear that your view will be lost: 
- Take photographs
- Record dates
- Let your neighbour know that your view must be respected. 

Argon Law would be happy to assist with an application to QCAT, or with any other issues to do with trees, like over hanging branches.

More Information

Do your neighbour’s trees block the view that you used to enjoy across your neighbour’s property?

The law has not traditionally recognised that land holders have any rights to a view, but new laws in Queensland since 2011 has changed that position to some extent.

The Neighbourhood Disputes Resolution Act makes land owners responsible for ensuring that their trees do not cause substantial, ongoing and unreasonable interference with their neighbour’s use and enjoyment of their land.

The act also allows a neighbour affected in that way to apply to the Queensland Civil and Administrative Tribunal (or QCAT) for an order, if the interference results in an obstruction to their view.

Important things to note about this are:

  • the view must be from a dwelling;
  • the obstruction must be substantial, ongoing and unreasonable;
  • the view must have existed at the time the applicant neighbour took possession of their property;
  • the offending tree must be is more than 2.5 metres high;  and
  • the tree must be on residential land.

 

QCAT can make orders requiring the removal or ongoing trimming of the tree, at the tree owner’s cost, but the onus is on the affected neighbour to prove its case.

The best way to do that is with photographs, so if you fear that your view will be lost as your neighbour’s trees grow, take some photographs, record the dates and let your neighbour know that your view must be respected.

If you can’t resolve the issue directly with your neighbour then we would be happy to assist with an application to QCAT or with other issues to do with trees such as overhanging branches.

If you have any queries about the Neighbourhood Disputes Resolution Act in respect of either trees or dividing fences please contact us on 07 5443 9988 or [email protected].

Argon Law is a Sunshine Coast law firm based in Maroochydore.  We are commercial lawyers and property lawyers and are eager to assist you in any way we can.

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