Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.54Common law right of abatement
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sec.54 Common law right of abatement
This Act does not affect the common law right of abatement in relation to a tree other than as provided under subsection (2) . A neighbour who exercises the common law right of abatement by removing a part of a tree (for example, an overhanging branch containing fruit) may, but is not required to, return the removed part to the tree-keeper. (sec.54-ssec.1) This Act does not affect the common law right of abatement in relation to a tree other than as provided under subsection (2) . (sec.54-ssec.2) A neighbour who exercises the common law right of abatement by removing a part of a tree (for example, an overhanging branch containing fruit) may, but is not required to, return the removed part to the tree-keeper.