Land is affected by a tree at a particular time if—
(a) any of the following applies—
(i) branches from the tree overhang the land;
(ii) the tree has caused, is causing, or is likely within the next 12 months to cause—
(A) serious injury to a person on the land; or
(B) serious damage to the land or any property on the land; or
(C) substantial, ongoing and unreasonable interference with the neighbour's use and enjoyment of the land; and
(b) the land—
(i) adjoins the land on which the tree is situated; or
(ii) would adjoin the land on which the tree is situated if it were not separated by a road.