Tree Disputes and Sellers Disclosure: What Buyers Need to Know

When buying a property, it’s essential to understand what legal obligations you may be inheriting. Under Queensland’s upcoming Seller Disclosure requirements, sellers must disclose if there is an existing tree order or application under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. As a buyer, this is something you need to be aware of before committing to a purchase.

What Is a Tree Order?

A tree order is a ruling issued by the Queensland Civil and Administrative Tribunal (QCAT) that requires a property owner to remove, trim, or otherwise manage a tree following a dispute with a neighbour. Tree disputes commonly arise when a tree is causing damage to a neighbouring property, blocking sunlight or views, or posing a safety risk due to overgrowth or structural instability.

Why This Matters for Property Buyers

If there is an active tree order affecting a property, responsibility for complying with the order may transfer to the new owner after settlement. This can result in unexpected costs for tree removal, ongoing maintenance, or even further legal action if the order is not complied with.

Undisclosed tree disputes can also create complications during the settlement process. Identifying these issues early as part of your property due diligence helps avoid delays, disputes, or unplanned expenses after purchase.

Buyers should ask their solicitor or conveyancer to check for any outstanding tree orders or QCAT applications during the property purchase due diligence process. This ensures you fully understand any obligations attached to the property before finalising the transaction.

What Buyers Should Do Before Purchasing

Before committing to a property purchase, buyers should:

• Confirm whether the seller has disclosed any existing tree orders or unresolved neighbour disputes
• Engage a solicitor or conveyancer to review all disclosure statements and legal documentation
• Understand that compliance with an existing tree order may become their responsibility after settlement

Both buyers and sellers should always seek independent legal advice to ensure they are fully informed about their rights, responsibilities, and potential liabilities relating to tree disputes.

At The Property Baron, we help buyers navigate every step of the property purchasing process, including identifying hidden risks during due diligence. If you need expert guidance before buying your next property, get in touch with our team today.