The Joy of Trees on Property Boundaries

QCAT's view is quite clear:

"The Tribunal has consistently found that the droppage of vegetation in this regard is a fact of life in suburban neighbourhoods and not of itself cause for the intervention of the Tribunal by way of an order."

"The dropping of leaves, flowers, fruit, seeds or small elements of deadwood by urban trees ordinarily will not provide the basis for ordering removal of, or intervention with, an urban tree."

Neighbours (including bodies corporate with shared boundaries) should work together to find equitable solutions.  It will save time in the long run.

It is worth noting that the Applicant in this matter did not help themselves by failing to provide evidence to back many of their claims.    

Melvaig Pty Ltd v McMillan-Kay [2020] QCAT 21

PELEN

February 2020

© PELEN 2020

The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.