Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.41Overview
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sec.41 Overview
A tree-keeper is responsible for the proper care and maintenance of the tree-keeper’s tree. The tree-keeper’s specific responsibilities are set out in section 52 . Generally, this chapter provides for the following ways in which a person may deal with an issue about a tree affecting the person’s land— part 3 deals with the person’s right under the common law to take action to abate a nuisance; part 4 provides for a remedy under which the person may— give a notice to the tree-keeper asking them to remove overhanging branches; and if the work is not done, remove the branches and recover the cost from the tree-keeper; part 5 provides for the person to apply to QCAT for an order. (sec.41-ssec.1) A tree-keeper is responsible for the proper care and maintenance of the tree-keeper’s tree. The tree-keeper’s specific responsibilities are set out in section 52 . (sec.41-ssec.2) Generally, this chapter provides for the following ways in which a person may deal with an issue about a tree affecting the person’s land— part 3 deals with the person’s right under the common law to take action to abate a nuisance; part 4 provides for a remedy under which the person may— give a notice to the tree-keeper asking them to remove overhanging branches; and if the work is not done, remove the branches and recover the cost from the tree-keeper; part 5 provides for the person to apply to QCAT for an order.
- (a) part 3 deals with the person’s right under the common law to take action to abate a nuisance;
- (b) part 4 provides for a remedy under which the person may— (i) give a notice to the tree-keeper asking them to remove overhanging branches; and (ii) if the work is not done, remove the branches and recover the cost from the tree-keeper;
- (i) give a notice to the tree-keeper asking them to remove overhanging branches; and
- (ii) if the work is not done, remove the branches and recover the cost from the tree-keeper;
- (c) part 5 provides for the person to apply to QCAT for an order.
- (i) give a notice to the tree-keeper asking them to remove overhanging branches; and
- (ii) if the work is not done, remove the branches and recover the cost from the tree-keeper;