Landowners fail in legal bid to remove annoying trees
WHEN Jerry and Cathy Wood bought their Whitsundays property in 2002, they had panoramic views of the Great Barrier Reef, including Hayman Island and Hook Island.
But those views later disappeared when trees on a nearby property grew.
The couple tried to seek a legal ruling that the trees had to be removed.
But in a Queensland Civil and Administrative Tribunal judgment published online last week, senior member Ian Brown dismissed the Wood's application because of a legal technicality.
Under the Neighbourhood Disputes Act, a neighbour can apply to the tribunal to force removal of trees if their land is affected.
Senior Member Brown said in his ruling that the Woods' land was subject to different legislation and was under a group title plan.
He said under this legislation, the land owners with the trees, Rob and Kerry Kenyon, were not legally classified as "neighbours" and the Woods could therefore not apply for a legal ruling for tree removal.
Senior Member Brown dismissed the Wood's application.
- APN NEWSDESK