When you purchase a property in Queensland your solicitor is required to carry out a number of searches on the property as part of the conveyancing process in order to prepare for settlement and to ensure that the property you are purchasing is free of encumbrances and defects and is as described on the contract of sale.
These searches are usually carried out once the contract becomes unconditional, as even if you terminate the contract you will be required to pay for the cost of these searches being carried out. Their importance cannot be underestimated though, as when you’re spending such a large amount of money to purchase your dream house, wouldn’t you want to know that the property is in good condition, free from defects and you’re not going to have any problems with it as soon as you take possession.
Once such search that your solicitor will undertake is a QCAT Tree Orders Register search. It may sound trivial; however, trees are one of the most significant causes of disputes between neighbours. The QCAT Tree Orders Register contains details of any orders made against the owner of a property when it comes to a tree on the property and it is important you are aware of any orders affecting the property you are looking to purchase.
QCAT can make an order when it comes to trees on the property for things such as their complete removal, or for the trimming of branches or foliage on a regular basis. A search of the Tree Orders Register will quickly identify it the property is subject to any such orders and if an order is found your solicitor will be able to quickly inform you of your rights and the next steps.
A tree may also be subject to a vegetation protection order (‘VPO’), which is an order imposed by a local council to protect a tree from being cut down, or having its branches cut off. A VPO can also protect a dead tree from being removed if a protected bird or animal, such as a possum, is using the tree as a nest.
If you attempt to remove, or damage a tree that is subject to a VPO you can be fined, even where the tree itself is causing problems to the property.
To have a VPO removed an application must be made to QCAT.
Some Common Complaints and Remedies:
A neighbour may have made a complaint to QCAT about a tree on the property for several reasons, some common ones include the tree:
- Interfering with TV or satellite reception;
- Interfering with the effectiveness of solar panels on their roof;
- Creating substantial and ongoing accumulation of tree litter in the yard, or the gutters; and
- In certain circumstances providing excessive shading of windows, or interfering with a previously existing view.
If you have a large tree on your property it is important that you:
- Remove any branches that are overhanging your neighbour’s land;
- Ensure that the tree is not likely to seriously injure any occupants of the property;
- Not do any serious damage to their property; and
- Ensure the tree does not unreasonably infringe upon your neighbour’s use and enjoyment of their land.