Neighbourhood Disputes Resolution Bill

20 May 2010

The Neighbourhood Disputes Resolution Bill 2010 has been tabled in Parliament and released for public consultation. The Bill aims to address community concerns raised during both consultation processes and includes information about pool fences, retaining walls, the meaning of sufficient fence and destruction or alteration of a fence by a neighbour.

The Bill proposes to update and modernise the approach to resolving fence disputes, by replacing the Dividing Fences Act (Act). 

The driving principle behind the changes is that a sufficient dividing fence ought to be constructed between adjoining properties if requested. The term a 'sufficient dividing fence' is more clearly defined and includes hedges but excludes retaining walls. Flexibility is preserved as consideration of particular factors may be permitted, including the type of land and the type of proposed fence. 

The Bill removes present uncertainty by confirming that neighbours own a dividing fence on a common boundary equally. It sets out comprehensive forms that aggrieved neighbours can use to give adjoining landowners for contribution to fence construction. 

Another key development is the concept of a 'tree keeper', which generally refers to the owner of the property where the trees are located. The Bill places responsibility for the care and maintenance of a tree on a tree keeper and introduces new remedies for neighbours in relation to trees. 

An important structural change is the proposal of a notice system requiring a tree keeper to arrange for removal of overhanging branches at the tree keeper's cost. 

While the Bill provides ways for neighbours to avoid and reduce disputes, ultimate jurisdiction to decide disputes rests with the Queensland Civil and Administrative Tribunal (QCAT). 

Property sellers should note that information regarding any application to or order made by QCAT about trees must be provided to potential buyers. If this is not done, the buyer may terminate the contract at any time up until settlement. The deposit must be refunded within 14 days of the termination and the seller and the agent will be liable for the buyer's reasonable expenses, including legal fees in relation to the contract. QCAT is required to maintain an electronic register of all orders made regarding trees, which is to be publicly available.

The draft Neighbourhood Disputes Resolution Bill is available at www.justice.qld.gov.au, and feedback can be provided until 9 July 2010. 

For more information, please contact: 

Rebecca Castley | Partner
Mullins Lawyers
t +61 7 3224 0211
f +61 7 3224 0333
rcastley@mullinslaw.com.au