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 by the Queensland Civil and Administrative Tribunal (QCAT) requiring a property owner to remove, trim, or manage a tree due to a dispute with a neighbour. These disputes typically arise when a tree is causing damage to a neighbouring property, blocking sunlight or views, or posing a safety risk due to overgrowth or instability.

Why This Matters for Buyers

If there is an active tree order on the property, the responsibility to comply with it may transfer to the new owner after settlement. This could mean additional costs for removal, maintenance, or legal disputes.

Undisclosed tree disputes can cause unexpected issues during settlement. Ensuring these matters are identified early can help avoid delays or additional expenses after purchase.

Buyers should ask their solicitor or conveyancer to check for any outstanding tree disputes during due diligence. This will help ensure they fully understand any obligations tied to the property before finalising the purchase.

What Buyers Should Do

Before purchasing a property, buyers should:

• Check whether the seller has disclosed any existing tree orders or applications
• Engage a solicitor or conveyancer to review all disclosure documents
• Understand that compliance with an existing tree order may become their responsibility after settlement

Both buyers and sellers should always seek legal advice to ensure they are fully informed about their rights and obligations.

At The Property Baron, we help buyers navigate every step of the purchasing process, ensuring there are no surprises. If you need expert guidance on your next property, get in touch with us today.