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


‘Readycado’ solution to avocado-lovers woes

‘Readycado’ solution to avocado-lovers woes

Tool shows if avocado is ripe enough for salad, or guacamole dish

Sunshine State lives up to its name

Sunshine State lives up to its name

YOU’D be forgiven for doubting it’s winter in Qld today.

Three teens injured in early morning roll-over

Three teens injured in early morning roll-over

The crash happened on a suburban street shortly before 1am

Local Partners