Are Trees Blocking Your View? New Laws Provide a Solution!
Do your neighbours' trees or hedges block the view you used to enjoy across yours or your neighbours' property? In this video, John Gallagher, a Sunshine Coast Solicitor and Director of Argon Law, will explain what you can now do to protect your views thanks to recent law changes in Queensland.
The law has not traditionally recognised that home owners have rights to a view, but a new law in Queensland since 2011 has changed that to some extent.
The Neighbourhood Disputes Resolution Act:
Makes land owners responsible for ensuring that their trees do not cause substantial, ongoing and unreasonable interference with their neighbours use and enjoyment of their land, and
Allows a neighbour to apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order if the interference results in an obstruction of their view.
There are some details to consider when examining these laws and how they may affect you, such as the height of the view blockage and if the obstruction is ongoing and unreasonable.
If you fear that your view will be lost:
Take photographs
Record dates
Let your neighbour know that your view must be respected.
Argon Law would be happy to assist with an application to QCAT, or with any other issues to do with trees, like over hanging branches.
Do you require legal advice? Contact Argon Law via the links listed below.
You can find us at http://www.argonlaw.com.au/.
Please feel free to contact us at [email protected] / 07 5443 9988
Follow us on LinkedIn @ArgonLaw
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