Queensland Tree Lopping Regulations
While the trees in your backyard can enhance the beauty of your home, it can be a problem for your neighbours. There are several reasons why your tree might become a menace to the others around you:
- The branches of your tree are going beyond your fence into that of your neighbour’s.
- The fruits and flowers are falling in the garden next door and creating a mess.
- The branches may be blocking sunlight from reaching your neighbour’s house.
- The roots of a tree can cause damage to his or her property.
- The tree is blocking the next door’s satellites and television from receiving reception
Tree Lopping Regulations – Responsibilities of the tree owner
If you have trees in your garden, it is your responsibility to ensure they are looked after. You should regularly trim the branches that are going beyond your fence. However, if you do that, ensure that there is no Vegetation Protection Order on the tree.
Moreover, in the coming twelve months, your tree should not cause any harm or damage to any of your neighbours or their properties and should not prevent them from enjoying their land and space either.
Do you know your responsibilities as a tree keeper? Learn more from the Queensland Government here
If you decide to take action
If someone who is being bothered by a tree in your backyard you can have it lopped or trimmed. It is always best to use a professional tree lopping company. In South East Queensland Pro Tree Removal Brisbane can remove trees or have them trimmed as required. Make sure that the tree is not protected by a Vegetation Protection Order or VPO.
A VPO is an order that a local council might make to protect a tree from being cut down. Even if it is a dead tree, there might be a VPO and damaging such a tree can get you penalized. So don’t take action without making the necessary investigation.
If you decide to enter your neighbour’s yard and take care of the problem, the following rules must be obeyed:
- You must give a notice in writing at least one day in advance.
- The notice must clearly specify who will undertake the task and the timing.
- The action must be carried out within the next thirty days after the date giving the notice at the agreed date and time or between 8 am and 5 pm.
The right of abatement:
There are some legal rights that you have if a neighbour’s tree is bothering you:
- You can exercise the right of abatement and remove the branches and roots that are entering your boundary.
- The law does not require you to return whatever your trim, back to your neighbour, but you may choose to do so.
However, the tree must not be protected by a VPO.
Check more: What to do if a neighbours tree is affecting you
Being negligent doesn’t help:
A tree owner can be found guilty of negligence if his tree has caused damage that could have been foreseen by his neighbour and could have been avoided had the necessary precautions were taken.
If you think that your neighbour’s tree can harm you, then it’s better to have a conversation with him and recorded it in writing which can later be used as evidence.
Trees are natural assets and must be naturally protected and acting on time can avoid accidents. With laws in place that protect the tree owner, you know how to go about things.