Question: What is the shared responsibility for trimming vegetation that extends beyond the property line between neighbouring strata properties, particularly when disagreement arises over cost allocation?
Our strata property borders another strata property. We have a substantial tree and a few bushes that overhang the property line by no more than a meter.
The neighbouring strata insists we trim the vegetation to the property line. I obtained a quote from a tree lopper and proposed we split the bill. They argue that the full cost is our responsibility. Is this reasonable?
Answer: You are within your rights to ask the neighbour to pay half the costs of lopping, but they are within their rights to reject the proposal.
Trees on your property are your responsibility. You are within your rights to ask the neighbour to pay half the costs of lopping, but they are within their rights to reject the proposal.
So what happens next?
Your neighbour has the right to remove overhanging trees and branches back to the boundary line. It would be at their own expense, and they can return the cut branches to your property.
If the trees are big enough, they can also issue you with a Form 3 – Notice for Removal of Particular Overhanging Branches.
This applies only where branches overhang more than 50cm and are less than 2.5m above the ground — and to trees not covered by a vegetation protection order.
Form 3 is a formal notice requiring you to cut back the trees. If you don’t respond, the neighbour could cut back the trees and pursue you for costs.
Where the branches are more than 2.5m above the ground and overhang by 0.5m, the neighbour can apply to QCAT for an order to make you have the trees cut back or removed.
Legally, your trees are regarded as affecting your neighbour if, in the next 12 months, they are likely to:
- seriously injure anyone on their land
- seriously damage their land or any of their property
- unreasonably interfere with your use and enjoyment of their land (e.g., if a tree drops branches into your yard and you can’t use that area for fear of being hurt).
If any of those conditions apply and a dispute goes to QCAT, you might expect any finding to be in the neighbour’s favour.
Broadly then, the law is on your neighbour’s side. A tree on your property is affecting them, so it is your responsibility to ensure it is under control. If you don’t, the neighbour has various legal options to pursue resolution. The reverse would be true if their tree was affecting you.
More generally, you should consider your long-term relationship with your neighbour. Maybe you refuse to cut back the tree, and they won’t take action. But at some point, you will likely need help and cooperation from your neighbour – maybe a fence will need repairing, or their CCTV will capture an incident on your property. It could be anything. At some point, you might need their help. Accepting your responsibilities and having a good relationship with those around you should benefit your scheme in the end. Otherwise, play hardball, but karma tends to come around pretty quickly in body corporates.
The Queensland Government has an excellent guide on tree disputes and the legalities of tree ownership: What to do if a neighbour’s tree is affecting you.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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