Who pays for a dividing fence in Queensland?

Under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), adjoining owners generally share the cost of a sufficient dividing fence equally. If one owner wants a higher standard fence, they pay the difference.

Can I cut my neighbour's tree branches that hang over my property?

Yes, you generally have the right to trim branches that overhang your property back to the boundary line. However, you cannot enter your neighbour's property to do so, and you should not damage the health of the tree. For protected trees, check with your local council first.

Do I need to go to mediation before QCAT for a neighbour dispute?

Yes. Most neighbour disputes in Queensland must go through mandatory dispute resolution before you can apply to QCAT. Use the free Dispute Resolution Centre Queensland mediation service. Skipping this step can result in your QCAT application being dismissed.

Neighbour Disputes: Fences, Trees, Noise, and Boundaries

How to resolve common disputes with neighbours in Queensland.

Important: Most neighbour disputes in Queensland MUST go through mandatory dispute resolution before you can apply to QCAT or court. Skipping this step can result in your application being dismissed.

Common types of neighbour disputes

Dividing fences

Who pays for a new or replacement fence, the type of fence, and what happens when one neighbour refuses to contribute. Governed by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld).

Overhanging trees and roots

Tree branches crossing the boundary, roots damaging property or pipes, fallen limbs causing damage. You generally have the right to trim branches overhanging your property back to the boundary line.

Noise complaints

Excessive noise from parties, music, dogs, construction, or equipment. Governed by the Environmental Protection Act 1994 (Qld) and local council by-laws. Your council is the first point of contact.

Boundary encroachments

A structure, shed, garden, or driveway that crosses the property boundary. May require a survey to establish the exact boundary line.

Steps to resolve a fence or tree dispute

Talk to your neighbour

Most disputes can be resolved with a calm conversation. Put your position in writing (a letter or email) so there is a record. Be specific about what you want.

Serve a notice (fences)

For fencing disputes, serve a written notice on your neighbour specifying the proposed fence type, location, cost estimate, and each party's share. They have 30 days to respond.

Try dispute resolution

If your neighbour does not agree, use the Dispute Resolution Centre Queensland (free mediation service). This is a mandatory step for most QCAT applications.

Apply to QCAT

If mediation fails, apply to QCAT under the Neighbourhood Disputes Act. QCAT can order contribution to fence costs, removal or trimming of trees, and compensation for damage. See our QCAT guide.

Noise complaints — different process

Noise complaints follow a different path:

Contact your local council — they can investigate and issue abatement notices
Call Policelink (131 444) — for after-hours noise disturbances
Keep a diary — record dates, times, duration, and type of noise
Last resort: Magistrates Court — apply for a noise abatement order

Search for similar cases

See how courts and QCAT have decided neighbour disputes:

Fence disputes Tree disputes Noise complaints

This guide is general information only, not legal advice. For advice about your situation, contact Legal Aid or the Dispute Resolution Centre (free).