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Can't See the forest for the trees? Trees and litigation

Can't See the forest for the trees? Trees and litigation

Posted on
Mon, 07/29/2019 - 11:43
Posted by SylviaHoefnagels

 

A tree owner has legal responsibilities to properly care for and maintain their trees. In Queensland, the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 applies, but in some situations that legislation will not be of any help, for example, if the tree is situated on rural land, on land larger than 4 hectares or trees planted for commercial purposes.

 

What you might not know is that certain plants are also considered to be a tree:

 

  • woody perennial plant such as hydrangeas
  • bamboo
  • banana plant
  • cactus
  • vine

 

If someone else’s tree is affecting your land, by overhanging or has caused / is causing / is likely to cause (within the next 12 months) serious injury / serious damage or substantial, ongoing and unreasonable interference with your use and enjoyment of the land, you can request that they maintain that tree and rectify the nuisance. If they don’t address your concerns, you can then ask QCAT to become involved.

 

If you need advice, assistance with your negotiations with the tree keeper or assistance in QCAT, do not hesitate to contact us.

 

Should you wish to download a copy of this article please click HERE.

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