Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.75Other matters to consider if unreasonable interference alleged
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sec.75 Other matters to consider if unreasonable interference alleged
If the neighbour alleges the tree has caused, or is causing, substantial, ongoing and unreasonable interference with the use and enjoyment of the neighbour’s land, QCAT may consider— anything other than the tree that has contributed, or is contributing, to the interference; and any steps taken by the tree-keeper or the neighbour to prevent or minimise the interference; and the size of the neighbour’s land; and whether the tree existed before the neighbour acquired the land; and for interference that is an obstruction of sunlight or a view—any contribution the tree makes to the protection or revegetation of a waterway or foreshore.
- (a) anything other than the tree that has contributed, or is contributing, to the interference; and
- (b) any steps taken by the tree-keeper or the neighbour to prevent or minimise the interference; and
- (c) the size of the neighbour’s land; and
- (d) whether the tree existed before the neighbour acquired the land; and
- (e) for interference that is an obstruction of sunlight or a view—any contribution the tree makes to the protection or revegetation of a waterway or foreshore.