Neighbourhood Disputes (Dividing Fences and Trees) Act 2001 - doesn't apply to trees situated on rural land

A recent decision of QCAT confirmed that Neighbourhood Disputes (Dividing Fences and Trees) Act 2001 does not apply to trees situated on rural land. Ms Smith applied to QCAT for an order that Mr Attawar's trees affected her land and that the trees be removed at Mr Attawar's cost.

Mr Attawar however sought an order that Ms Smith's application be dismissed because:

• The trees are located on his land
• His land is zoned rural land
• the Neighbourhood Disputes (Dividing Fences and Trees) Act 2001 does not apply to trees situated on rural land.

The Neighbourhood Disputes (Dividing Fences and Trees) Act 2001 defines "rural land" to mean land under the Land Valuation Act 2010. Sections 9 and 10 of the Land Valuation Act 2010 state that land is "rural land" if it is zoned rural land and has not ceased to be zoned rural land, more than half of the land is zoned rural land, or the land has been declared to be rural land.

Mr Attawar presented correspondence from the Council confirming that the land was zoned as rural land.

The court found in favour of Mr Attawar and dismissed Ms Smith's application.

A direct link to this case can be found HERE. 

If you require further advice on this issue or any other rural legal issues please contact our Property Law team on 4771 5664 or leave an enquiry below.