A problem with a neighbour

Neighbours are a bit like family. You did not pick them, and you cannot move them. This guide is general information about the most common problems in Queensland: fences, trees, and noise from animals. If you ever feel unsafe, skip all of this and call the police.

What this usually means

Most neighbour problems fall into three groups, and each has a different route.

• Fences and trees. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 sets out who is responsible, and a notice process. If you cannot agree, QCAT (the Queensland Civil and Administrative Tribunal) can decide.
• Animal noise. Usually your local council. Many councils treat noise as a problem when it is repeated or constant and unreasonably disturbs the neighbours.
• Everything else. Talking, then mediation. This includes disputes over shared driveways, smells, or plain bad feeling.

The law expects you to try to sort it out first. For trees, QCAT can only make an order if you have made a reasonable effort to reach agreement with the tree-keeper and have taken all reasonable steps under any local council scheme.

What you can do now

1. Talk, if it is safe. Pick a calm moment, describe the problem without blame, and listen. The Queensland Government suggests agreeing a fix together, writing down what you agreed, and setting a date to check in. Face to face usually goes better than notes or emails.
2. Write down the facts. Keep dates, photos and notes. For noise, keep a diary of what you hear, when, and for how long. Councils often want a diary covering one to two weeks.
3. For a fence, give a written notice before you build. The notice must describe the work, the estimated cost, and be accompanied by at least one written quote. If you cannot agree within one month, either of you can apply to QCAT within two months of the notice being given.
4. For overhanging branches, use the notice process. The Act lets you give the tree-keeper a written notice asking them to cut branches that extend at least 50cm over your land and are 2.5m or less above the ground. The notice must allow at least 30 days. Do not cut anything first without checking if you need permission under another law, such as a vegetation protection order.
5. For animal noise, contact your council. Brisbane, for example, suggests giving the owner a few weeks, then complaining if the noise continues. Councils can issue notices and fines. Rules vary, so check your council's website.
6. Try free mediation. A Dispute Resolution Centre provides neighbourhood mediation, which is free in most cases and confidential. Everyone has to agree to take part. Apply online or call 13 QGOV (13 74 68). A session usually runs two to four hours, and the whole process averages two to six weeks.

Time limits

For fences, the Act sets short windows after a notice is given: one month for the neighbours to agree, then up to two months from the notice to apply to QCAT. For overhanging branches, the notice must give the tree-keeper at least 30 days.

For most other neighbour problems, there is no fixed deadline. But waiting can make a problem harder to prove and easier to resent.

If it goes further

QCAT can hear fence disputes and many tree disputes, including whether a fence is a sufficient dividing fence and who pays for fencing work. It can also order a tree-keeper to cut back or remove a tree if it is seriously affecting your land. The tree rules do not cover everything. They do not cover trees on rural land, land over 4 hectares or land used as a public park.

QCAT will usually want evidence that you tried to sort it out. Bring your notes, photos, quotes and any letters. Check the QCAT website for the current application fee.

If a neighbour is threatening you, harassing you, or you feel unsafe, contact the police rather than a tribunal.

Questions to ask whoever helps you

• Is this a fence or tree matter under the Act, or something else?
• Have I done enough to try to resolve this before applying to QCAT?
• What notice do I need to give, and what must it contain?
• Does my council have its own scheme for noise or nuisance trees?
• If I do not want to meet my neighbour, what are my other options?