Quite often people enquire as to whether they can prevent people building a neighbouring house which obstructs the view they have become used to and enjoyed over a number of years.
The very simple answer is that you cannot stop your neighbour obstructing your view provided they are building within the applicable planning laws of the local Council.
Another area where views are becoming blocked is by trees growing on neighbouring properties or, a little more prevalent in southern areas of Australia, dividing hedges, sometimes called “spite hedges”.
Whilst a neighbour has rights to trim overhanging branches of a tree that interferes with your property if the tree is merely growing in the neighbour’s property, (not overhanging yours) then there is very little you can do to stop that tree blocking your view. Whilst there issues in relation to large trees required to be trimmed for cyclone safety reason in Queensland it appears to be the trend in southern states that the larger the tree, the greater the rights the tree has to be left in peace to grow. Hopefully there will be a balance of common sense between the safety of people’s property and the inherent beauty in a large tree.
As for “spite hedges” these are fast growing hedges which people erect on their boundaries to block out a neighbour through an effective screen, being the hedge.
In Queensland the law has now changed where a hedge on the boundary is now considered a fence and dealt with in accordance with the usual laws dealing with dividing fences. This means if required they can be trimmed rather then left to grow too wild. Perhaps the best way to enjoy your view is to research the planning law height limits for your area (usually 8.5 metres above ground level) to see if it can be preserved or simply buy where there are established properties.
QCAT has the ability to hear and determine disputes in relation to issues regarding Trees obstructing sunlight or view pursuant to the Neighbourhood Disputes Resolution Act 2011. If you require any further information in relation to this please contact us on 07 4944 2000.
