A long-running dispute between neighbouring Graceville homeowners over river views and privacy has resulted in a Queensland tribunal ordering five trees to be maintained at about three metres for the next decade.
The Queensland Civil and Administrative Tribunal ruled in favour of the applicants, a couple, who argued that trees growing along the boundary of their Molonga Terrace property had increasingly obstructed views of the Brisbane River from their home. The order requires the respondent to prune and maintain the relevant trees twice a year.
River outlook became central to dispute
The couple bought their home in late 2019, according to the QCAT decision. Their property sits above the neighbouring property and had a limited Brisbane River outlook from the upper level when they bought it.
The respondent bought her Long Street property in 2015 and was building a new dwelling there when her neighbours purchased their home. Trees planted along the common boundary later grew in height and became the focus of the dispute.
The applicants lodged their QCAT application on 6 July 2022. They argued that the vegetation had grown to the point where it substantially interfered with their use and enjoyment of the property by obstructing the river outlook.
Privacy and views put before tribunal
The respondent opposed the application and argued that the trees provided privacy for her household. She sought to maintain the relevant trees at about six metres, while the couple sought a 2.1-metre limit matching the height of the highest boundary fence.
QCAT considered evidence about the trees, described in the judgment as mainly Waterhousea floribunda and some viburnum, as well as arborist evidence about their growth and maintenance. Evidence before the tribunal indicated some of the Waterhousea trees could grow to about 16 metres if left unmanaged.
Photo Credit: John Robert McPherson/Wikimedia Commons
The tribunal also considered the effect repeated pruning could have on tree health, alongside the competing interests of privacy and the preservation of the existing river outlook.
Three-metre limit set for five trees
In a decision delivered on 18 August, QCAT Member Vass Poteri found that allowing the relevant trees to grow to between about four and six metres would cause substantial, ongoing and unreasonable interference with the couple’s use and enjoyment of their property and severely obstruct the balcony view.
The tribunal ordered five trees to be reduced to about three metres by 30 October 2026. The order also requires specified lateral branches of one tree to be cut back, with the five trees to be pruned and maintained by 30 April and 30 October each year for 10 years.
An arborist who gave evidence estimated the twice-yearly pruning and management regime would cost about $2,000 annually. The figure was an estimate presented during the proceedings, rather than a financial penalty imposed by QCAT.
QCAT also considered the respondent’s privacy concerns and found they could be mitigated through the three-metre tree height, other trees permitted to grow higher and measures including blinds or curtains.
Queensland law sets a high threshold for blocked views
The case was decided under Queensland’s Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, which allows QCAT to make orders where trees cause substantial, ongoing and unreasonable interference with the use and enjoyment of neighbouring land.
For disputes involving views, the Act applies only where the tree rises at least 2.5 metres above ground, the obstruction is severe and the affected view existed when the neighbour took possession of the land.
Published 31-Aug-2026