QLD Boundary Wall Property Law Dispute with Neighbour

[Gaynor Bradfield]

We have a boundary wall that is approx. 50cm inside our neighbours land. The neighbor has planted bamboo along their side of this wall which is on our Eastern boundary. When we purchased the property the bamboo was approx. 2.5m high it is now approx. 10m high, the consequence of this is the rising sun does not clear the bamboo until the sun is quite high in the sky causing our house and garden to be in the shade for the best part of the morning. The bamboo also restricts our view and is prohibiting growth of lawn when the bamboo leaves fall on it unless the leaves are picked up regularly.

Our question is under the new boundary law Act of 2011 in Queensland would we have a case to have the bamboo removed?

We do not want to pursue this avenue if there is not at least a likelihood of a good outcome under property law.

 

[Sophea]

Hi Gaynor,

I am not aware of any

boundary law Act of 2011

.

However, you may have grounds to obtain an order to cut back the plant if it interfere's with the use and enjoyment of your land. It may gain this classification if it:

• shades sunlight from the windows or roof of your property if the tree branches are more than 2.5 metres above the ground
• obstructs a view that existed before you took possession of the land if the tree branches are more than 2.5 metres above the ground
• creates a substantial and ongoing accumulation of tree litter in your yard.