Category Neighbourhood Disputes

Branches Hanging Over the Fence? A Plain-English Guide to Tree Law in Queensland (Brisbane)

Planting trees in the backyard is a way of life in Brisbane. But the moment a branch reaches over the fence or a root cracks your neighbour’s pipes, things can get tense. Queensland has a law made for exactly these situations: the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (the “Act”). Here’s how it works, in plain English.

This is general information, not legal advice for your specific situation. For an actual dispute, talk to a lawyer or the relevant government body.

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Who Pays When a Retaining Wall Needs Replacing?

This article was written by Grace Blake Solicitor at W & G Lawyers.

A failing retaining wall is rarely a small problem. Replacing one can cost tens of thousands of dollars, and the most expensive question is usually the most contested one: who has to pay?

Many Queensland property owners assume they will simply split the cost with their neighbour, the way they would for a dividing fence. That assumption is often wrong, and acting on it can leave you badly out of pocket. Retaining walls are treated very differently under Queensland law. Who pays usually comes down to who benefits from the wall, where it sits, and who was at fault when it failed.

This article explains where the financial risk really lies. It is general information only and is not legal advice. Every retaining wall matter turns on its own facts, so please speak to us about your situation.

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