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以BNE council為例, 責任肯定是大樹擁有者. 鄰居幫修是人情,找人修後要錢是道理.
當然與相鄰溝通最重要.
Find out who is the tree-keeper
The meaning of a tree-keeper is central to the Neighbourhood Disputes Resolution Act 2011.
In most cases, a tree-keeper is the registered owner of the neighbouring land the tree is growing on. If you don’t know who owns the land, you can find out in the freehold land register under the Land Title Act 1994 (PDF).
It’s not just individuals who could be a tree-keeper; it could be an organisation or body corporate.
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What you can legally do yourself
If you have a neighbour’s tree hanging over your land, you can:
exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line
decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. You do not have to return anything you trim from the neighbour’s tree but you may do so.
When exercising the right of abatement, take care to comply with any applicable tree or vegetation protection orders.
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Written notices to remove overhanging branches
If your neighbour’s tree is causing you problems and you have not been able to come to an agreement by talking to your neighbour, you can give them a notice to remove the problem branches, using a Form 3 - Notice for removal of particular overhanging branches (PDF, 54.5 KB).
This applies only where branches overhang more than 50cm and are less than 2.5m above the ground—and to trees not covered by a vegetation protection order (a local council order protecting a tree from having its branches lopped (cut off).
The notice must:
state a time by which the branches must be removed (at least 30 days from the date your neighbour receives the notice)
ask your neighbour to give at least 1 day’s written notice of when the branches will be removed, showing
who will do the work
the day it will happen
give permission to your neighbour or their contractor to enter your land on the agreed day between 8am and 5pm
include at least 1 written quote for the cost of the work and a copy of Part 4 of the Act.
If your neighbour does not remove the branches by the specified time, you can remove them yourself or have a contactor remove them at your neighbour’s expense—they are liable to pay up to $300 a year for removing branches from their trees. |
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Geelong ~ 吃吃逛逛 - 餐厅推荐- The Arborist (2023-11-5) 胡须康 
发表于 2015-1-27 23:17
