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New laws to help resolve neighbour disputes
Queensland neighbourhoods are set to become more peaceful, with the Qld Government releasing draft new laws that will make it easier for neighbours to resolve disputes over trees and fences.
Attorney-General Cameron Dick said a draft copy of the new laws had been released today for consultation, giving the community a chance to provide feedback on this important law reform.
"The proposed laws will modernise and simplify the way neighbours handle disputes over trees and fences," Mr Dick said.
"The fact is that Queensland's population is growing and we are living in closer proximity to each other, so our laws need to reflect this.
"An online survey conducted as part of the State Government's earlier consultation on these issues found that almost 80 per cent of respondents had had a dispute with their neighbour.
"Almost 60 per cent of respondents reported disputes with their neighbours over a dividing fence and 56 per cent had had disputes over dangerous or intrusive trees.
"No one wants their relationship with a neighbour to turn sour over something that could be easily resolved. These laws will make it easier for neighbours to resolve disputes before they get out of hand.
Key changes proposed in the draft Bill include:
• Clearer definitions of "sufficient dividing fence" and the types of trees covered by the proposed new laws
• A framework for resolving disputes between neighbours over trees and fences, including the use of formal notices for contributing to and/or maintaining a dividing fence
• Clarification of the resp onsibilities of a "tree keeper" (usually the tree's owner) to ensure their tree does not cause injury or damage to persons or a neighbour's property
• The use of the Queensland Civil and Administrative Tribunal to adjudicate disputes.
Mr Dick said the draft Bill was the result of extensive research and broad consultation that examined the most common causes of neighbourhood disputes and how they might be resolved.
"The Bill will place an obligation on a tree keeper to prune branches overhanging onto their neighbour's land when the neighbour gives notice to them."
"At the end of the day, we want to keep people out of the courts by ensuring they have a clear understanding of their rights, and accessible mechanisms to resolve disputes amicably, as good neighbours.
"The government's dispute resolution centres offer free mediation services to help parties solve their differences without having to go to court.
"Our centres opened 529 files on neighbourhood disputes in 2008-09. Of those files, 239 of them went to mediation and about 73 per cent of those reached an agreement."
The draft Neighbourhood Disputes Resolution Bill is available at www.justice.qld.gov.au, and feedback can be provided until July 9, 2010.
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