The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (“the ND Act”) defines the ND Act’s objections to provide rules about each neighbour’s responsibility for dividing fences and for trees, so that neighbours are generally able to resolve issues about fences or trees without a dispute arising and to facilitate the resolution of any disputes about dividing fences or trees that do arise between neighbours.
Importantly, the ND Act defines a dividing fence as a fence on the common boundary of adjoining lands and states that a fence does not include a retaining wall or a wall that is part of a house, garage or other building. The ND Act only applies to dividing fences.
The ND Act also provides for the ways a person may deal with an issue about a tree affecting the person’s land.
Milne Legal can assist you with matters relating to the ND Act and Queensland Civil and Administrative Tribunal matters relating to the ND Act.
Milne Legal provides advice and represents clients in relation to a range of town planning law matters. If you would like to get in touch, please contact our office on (07) 3210 0943 or email us at admin@milnelegal.com.au.
This publication is general in nature. Its content is current at the date of publication. It does not constitute legal advice and you should always seek legal advice based on your particular circumstances prior to making any decisions relating to matters covered by this publication. Certain details may have been sourced from external references, and we cannot assure the accuracy or timeliness of such information.