sec.52Responsibilities of a tree-keeper

sec.52 Responsibilities of a tree-keeper

A tree-keeper is responsible for cutting and removing any branches of the tree that overhang a neighbour’s land. A tree-keeper is responsible for ensuring that the tree does not cause— serious injury to a person; or serious damage to a person’s land or any property on a person’s land; or substantial, ongoing and unreasonable interference with a person’s use and enjoyment of the person’s land. This section does not create a civil cause of action based on a breach of a tree-keeper’s responsibilities. This section is intended to help a tree-keeper and neighbours resolve any issues about a tree without a dispute arising. However, this section does not create a separate cause of action. This chapter provides ways of dealing with some issues that fall within a tree-keeper’s responsibilities under this section. (sec.52-ssec.1) A tree-keeper is responsible for cutting and removing any branches of the tree that overhang a neighbour’s land. (sec.52-ssec.2) A tree-keeper is responsible for ensuring that the tree does not cause— serious injury to a person; or serious damage to a person’s land or any property on a person’s land; or substantial, ongoing and unreasonable interference with a person’s use and enjoyment of the person’s land. (sec.52-ssec.3) This section does not create a civil cause of action based on a breach of a tree-keeper’s responsibilities. This section is intended to help a tree-keeper and neighbours resolve any issues about a tree without a dispute arising. However, this section does not create a separate cause of action. This chapter provides ways of dealing with some issues that fall within a tree-keeper’s responsibilities under this section.

• (a) serious injury to a person; or
• (b) serious damage to a person’s land or any property on a person’s land; or
• (c) substantial, ongoing and unreasonable interference with a person’s use and enjoyment of the person’s land.