Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.46When is land affected by a tree
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sec.46 When is land affected by a tree
Land is affected by a tree at a particular time if— any of the following applies— branches from the tree overhang the land; the tree has caused, is causing, or is likely within the next 12 months to cause— serious injury to a person on the land; or serious damage to the land or any property on the land; or substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and the land— adjoins the land on which the tree is situated; or would adjoin the land on which the tree is situated if it were not separated by a road.
- (a) any of the following applies— (i) branches from the tree overhang the land; (ii) the tree has caused, is causing, or is likely within the next 12 months to cause— (A) serious injury to a person on the land; or (B) serious damage to the land or any property on the land; or (C) substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and
- (i) branches from the tree overhang the land;
- (ii) the tree has caused, is causing, or is likely within the next 12 months to cause— (A) serious injury to a person on the land; or (B) serious damage to the land or any property on the land; or (C) substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and
- (A) serious injury to a person on the land; or
- (B) serious damage to the land or any property on the land; or
- (C) substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and
- (b) the land— (i) adjoins the land on which the tree is situated; or (ii) would adjoin the land on which the tree is situated if it were not separated by a road.
- (i) adjoins the land on which the tree is situated; or
- (ii) would adjoin the land on which the tree is situated if it were not separated by a road.
- (i) branches from the tree overhang the land;
- (ii) the tree has caused, is causing, or is likely within the next 12 months to cause— (A) serious injury to a person on the land; or (B) serious damage to the land or any property on the land; or (C) substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and
- (A) serious injury to a person on the land; or
- (B) serious damage to the land or any property on the land; or
- (C) substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and
- (A) serious injury to a person on the land; or
- (B) serious damage to the land or any property on the land; or