Queensland Consolidated Acts

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NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 52

Responsibilities of a tree-keeper

52 Responsibilities of a tree-keeper

(1) A tree-keeper is responsible for cutting and removing any branches of the tree that overhang a neighbour’s land.
(2) A tree-keeper is responsible for ensuring that the tree does not cause—
(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.
(3) This section does not create a civil cause of action based on a breach of a tree-keeper’s responsibilities.
Note—
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.



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