Tree Keeper Responsibilities in South-East QLD
Who is responsible for trees on your property, your neighbour’s land, and rental homes in Queensland
Who Is Responsible for Trees? Understanding Your Rights and Responsibilities as a Tree-Keeper
Trees add value, shade and character to homes across Brisbane, Logan and Ipswich — but when a tree starts causing issues, (and before you hire a tree lopper) many homeowners are unsure who is actually responsible. Is it the property owner? The neighbour? The landlord? Or the tenant?
In Queensland, tree responsibilities are clearly defined under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. Understanding how this works can help avoid neighbour disputes, safety risks and costly mistakes.
This guide explains, in plain English, who is responsible for trees, what that responsibility involves, and what to do when a tree becomes a problem.
What Does “Tree-Keeper” Mean?
The term tree-keeper is central to Queensland tree laws.
In most situations, the tree-keeper is the registered owner of the land where the tree is growing. If you own the property, you are generally responsible for the trees on that land — even if parts of the tree affect a neighbouring property.
Importantly, a tree-keeper can be:
- A private homeowner
- A landlord
- A body corporate
- An organisation or business
The responsibility does not disappear simply because branches or roots cross a boundary.
What Is Considered a “Tree” Under the Law?
Under the Act, a tree is not just a traditional large tree like a gum or fig.
A tree can include:
- Shrubs, bushes and vines
- Bamboo, palms and banana plants
- Cactus and similar woody plants
- Stumps and bare trunks
- Dead trees still rooted in the ground
If it is woody, perennial, and rooted in the land, it may be legally classed as a tree — and therefore subject to tree-keeper responsibilities.
Who Is Responsible for Trees on Their Own Property?
You are considered the tree-keeper if a tree is wholly or mainly located on your land.
That responsibility includes:
- The visible tree above ground
- The roots below ground
- Any damage or risk the tree poses to neighbouring land
Even if a tree later falls or is removed, you may still be responsible if it can be shown that the tree was previously located on your property and caused damage.
What If the Tree Is on the Boundary?
Boundary trees are a common source of disputes.
- If the tree sits mainly on one property, that owner is the tree-keeper
- If the tree sits exactly on the boundary, responsibility and liability are shared equally between property owners
In shared situations, communication and professional advice are especially important before any work is carried out.
Who Is Responsible for Trees on a Neighbour’s Property?
If a neighbour’s tree is affecting your property, the tree-keeper remains the owner of the land the tree is growing on.
As the affected neighbour, you may have grounds to raise concerns if the tree:
- Poses a serious injury risk
- Causes serious damage to land or property
- Unreasonably interferes with your use and enjoyment of your land
However, normal tree litter — such as leaves, flowers, fruit or small twigs — is not considered sufficient on its own.
What Counts as “Unreasonable Interference”?
A tree may be considered to unreasonably interfere with a neighbour’s land if it:
- Interferes with TV or satellite reception
- Affects the performance of solar panels
- Shades windows or roofs when branches are more than 2.5 metres above ground
- Obstructs an existing view from a dwelling
- Causes a substantial and ongoing build-up of tree debris
Importantly, there must have been a dwelling on the land at the time the neighbour took possession for view obstruction to apply.
Who Is Responsible for Trees on Rental Properties?
Tree responsibility on rental properties can be confusing.
- The landlord is generally the tree-keeper
- Tenants are not responsible for tree maintenance or decisions
If overhanging branches affect a rental property:
- The landlord is usually considered the neighbour
- In some cases, a tenant may apply to QCAT if the landlord refuses to act
This is why landlords should take tree maintenance seriously, especially in established suburbs across Logan, Brisbane and Ipswich.
What If a Tree Is Protected?
Some trees are protected under Vegetation Protection Orders (VPOs) issued by local councils.
A VPO can:
- Prevent lopping or removal
- Apply even to dead trees
- Protect habitat for native animals
Damaging a protected tree can result in fines — even if the tree is causing problems. Always check with your local council or the Queensland Heritage Register before arranging work.
In some cases, decisions relating to a VPO may be reviewed through QCAT.
Can You Enter a Neighbour’s Property to Cut Branches?
Yes — but strict rules apply.
If you need access to a neighbour’s land to remove overhanging branches:
- Written notice must be provided by the day before entry
- The notice must state who will do the work, and when
- Work must occur within 30 days
- Work must be done between 8am and 5pm, unless otherwise agreed
Insurance Responsibilities You Shouldn’t Ignore
Insurance is often overlooked in tree disputes.
- The tree-keeper must consider a contractor’s insurance before engaging them
- The neighbour must consider their public liability insurance before allowing access
Engaging qualified, insured arborists is essential to reduce risk for everyone involved.
Why Professional Advice Matters
Tree laws are clear, but real-world situations rarely are. Tree location, root spread, safety risks and council rules all matter — especially in high-growth areas like Brisbane, Logan and Ipswich.
Before disputes escalate or safety is compromised, visit https://www.qld.gov.au/law/housing-and-neighbours/disputes-about-fences-trees-and-buildings/avoiding-fence-tree-and-building-disputes/your-responsibilities-as-a-tree-keeper for more information.
If you’re after a quote for tree services, Treepeeps provides professional arborist services across Brisbane, Logan, Ipswich and the Beaudesert.
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