Are Neighbours’ Trees Blocking Your View? New Laws Provide a Solution!

Do your neighbours’ trees or hedges block the view you used to enjoy across yours or your neighbours’ property? The law has not traditionally recognised that home owners have rights to a view, but a new act in Queensland since 2011 has changed that to some extent.

What Can I Do if Neighbours’ Trees are Blocking My 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, and
• 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 some details to consider when examining these laws and how they may affect you, such as the height of the view blockage and if the obstruction is ongoing and unreasonable

If you fear that your view will be lost:

• Take photographs
• Record dates
• Let your neighbour know that your view must be respected.

The Argon Law team is ready to help with an application to QCAT or any other issues to do with neighbour disputes and trees such as over hanging branches that you may face with your property. Get in touch with us to find out how how we can assist!