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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 land the tree is growing on. If you own the land, you are responsible for caring for and maintaining trees growing on that land. 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.
The state is not considered a tree-keeper for certain types of land, such as a national park; however, the holders of certain interests in these lands are defined as tree-keepers, such as the holder of an occupation permit, stock grazing permit or a permit under a stock grazing permit.
Who is your neighbour?
Generally, a neighbour is someone who owns adjacent land affected by your tree.
A neighbour may also be an occupier of land—a tenant of a rented property—affected by your tree, except in the case of overhanging branches.
In the case of overhanging branches on rental property, the neighbour is the occupier’s landlord. However, an occupier can apply to QCAT for an order—see below for details of QCAT orders against you—if they can demonstrate that the landlord has refused to bring an application to get overhanging branches cut back.
If your tree is causing a problem
If a tree on your property is affecting one of your neighbours, you should:
cut and remove any branches overhanging your neighbour’s land—as long as there is not a Vegetation Protection Order (VPO) protecting the tree
ensure that in the next 12 months your tree does not, or is not likely to:
seriously injure anyone on your neighbour’s land
seriously damage your neighbour’s land or any of their property
unreasonably get in the way of your neighbour’s use and enjoyment of their land (for example if your tree drops branches into your neighbour’s yard and they can not use that area for fear of being hurt).
Is your tree interfering with the use and enjoyment of their land?
Your tree may be classed as unreasonably getting in the way of your neighbour’s use and enjoyment of their land if it:
interferes with television or satellite reception
interferes with the proper functioning of solar panelling
shades sunlight from the windows or roof of their property if the tree branches are more than 2.5 metres above the ground
obstructs a view that existed before the neighbour took possession of the land if the tree branches are more than 2.5 metres above the ground
creates a substantial and ongoing accumulation of tree litter in their yard
Normal tree litter—leaves, flowers, fruit, seeds or small elements of deadwood—would not be classed as substantial and therefore is not sufficient to get an order for the removal or cutting back of a tree.
What is a vegetation protection order (VPO)?
A VPO is an order a local council can make to protect a tree from being cut down or having its branches lopped (cut off). It is a way of preserving our natural assets.
A VPO can even protect a dead tree if a protected bird or animal—such as a possum—is using it to nest.
You can be fined if you damage a tree that has a VPO protecting it; even if the tree is causing problems on your land. Contact your local council for more about VPOs.
Check the Queensland Heritage Register and contact your local government authority (council) to find out if a tree is protected.
You may be able to overturn a VPO through QCAT.
Entering a neighbour’s yard
If you need to enter, or have someone enter, a neighbour’s land to cut and remove overhanging branches from your tree, you must give the neighbour written notice no later than the day before.
The notice must state who will cut and remove the overhanging branches, and the date and time they will do the work.
The work must be done within 30 days after the date you give the notice, and between 8.00am and 5.00pm, or as agreed.
Insurance
You must know your insurance obligations when engaging contractors and giving permission for people to enter land to carry out work.
As the tree-keeper it is your responsibility to consider contractor’s insurance before engaging a contractor to do work on a tree even if it is on a neighbour’s land.
It is your neighbour’s responsibility to consider public liability insurance before permitting someone to enter their land. |
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发表于 2017-5-23 19:11
