Tree Disputes: What Buyers and Sellers Need to Know
When buying or selling a property in Queensland, full transparency is essential. Under the upcoming Sellers Disclosure requirements, sellers must inform buyers about any existing tree disputes under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. This ensures buyers are aware of potential obligations before committing to a purchase.
What Needs to Be Disclosed?
If a tree on the property is subject to an active tree order or an application for one, the seller must disclose this to the buyer and provide a copy of the relevant documents.
What is a Tree Order?
A tree order is a ruling by the Queensland Civil and Administrative Tribunal (QCAT) that requires a property owner to remove, trim, or manage a tree due to a dispute with a neighbour. A tree order may be issued if a tree:
Is causing damage to a neighbouring property (e.g. roots affecting foundations, falling branches)
Blocks sunlight or views
Poses a safety risk
Why Buyers and Sellers Should Pay Attention
For Buyers: Knowing about an existing tree order is crucial because the legal responsibility transfers to the new owner upon settlement. If there is an unresolved dispute, buyers may be required to manage or remove the tree at their own cost.
For Sellers: Full disclosure helps prevent unexpected issues that could delay settlement. Buyers who discover undisclosed disputes may renegotiate or pull out of the sale.
Whether you're selling or buying, being aware of tree orders ensures a smoother property transaction and avoids unexpected responsibilities. If you're unsure whether a tree order applies to your property, seeking legal advice or checking with QCAT can provide clarity.
