Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.59Application of this part
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sec.59 Application of this part
This part applies if— a neighbour’s land is affected by a tree; and the neighbour can not resolve the issue using the process under part 4 . The neighbour’s land is affected by a tree other than because branches from the tree overhang the land. Branches from a tree overhang the neighbour’s land and the neighbour is seeking a remedy that is more than the cutting and removal of the branches. The neighbour is seeking the cutting and removal of branches overhanging the neighbour’s land that are more than 2.5m above the ground.
- (a) a neighbour’s land is affected by a tree; and
- (b) the neighbour can not resolve the issue using the process under part 4 .
- 1 The neighbour’s land is affected by a tree other than because branches from the tree overhang the land.
- 2 Branches from a tree overhang the neighbour’s land and the neighbour is seeking a remedy that is more than the cutting and removal of the branches.
- 3 The neighbour is seeking the cutting and removal of branches overhanging the neighbour’s land that are more than 2.5m above the ground.