Council trees have damaged property. Where do I stand and how do I approach it?

Hi, my property is beside a council owned workers private car park. Between the properties is a garden bed about 80cm wide with a retaining wall and fence on one side and bitumen in the other. There are 6 giant palm trees planted in the garden bed, which have pushed and destroyed my retaining wall and fence. It’s definitely been like this for years but I want to redo the fence shortly and can’t while the trees are there. From what I’ve read if it was a neighbours trees doing it, they would definitely have to remove the tree and fix the damage. Is it the councils responsibility to remove the trees and pay to fix the damages? And how should I approach it? Should I get quotes first and attach them to the email or just simply email.

**QLD GYMPIE COUNCIL**


Thanks, really appreciate it.

 

If Qld legislation somewhat resembles that in NSW, the council carpark should be on 'operational land', (community land is generally used for parks/recreation space etc). They should be treated like any other land owner/user.

 

You could seek legal advice about the operation of the relevant fencing and trees act law and the operation of the Lands Act 1994,

: https://www.legislation.qld.gov.au/view/pdf/2017-07-03/act-2011-025

 

The answer is very simple- Step 1: send council a letter by email explaining the situation and what you want to do about it with rectifications. Give Council 14 days to reply. Step 2: obtain 3 quotes. Step 3: email the quotes to council and give them 14 days to reply. Step 4: If council has not contacted you, have the damaged fixed at your costs. Make sure you use the quoted prices and send Council a copy of the invoice post completion of the work and request payment within 14 days. Step 5: Council should make payment direct for the damage if not, you have a breach of the fencing act under QCAT. Step 6: send council notice of the breach before you file proceedings and give them 14 days to remedy. That should resolve everything without complication. Good luck buddy

 

Doesn’t QLD have a Notice to Fence?