Advice wanted

RuthJones

Okay, a little background info, my husband and I own an investment property in the Ipswich area which is currently tenanted, the tenant has just reported to us via the agent that the neighbour has threatened to enter the property and poison the gum tree so it won't drop leaves next door onto their driveway anymore. This a a very large gum tree and is nowhere near the fence line, at least 3 - 4 metres (if not more) in. The tenant has offered to sweep up the leaves for them but they find this unacceptable. I am just wondering what the laws etc are regarding this type of issue, I am not definite but I do't think any actual branches overhang their property so we are just talking about leaves blown over the fence really.

I would hate to see this beautiful tree destroyed over a few leaves so I am not sure what I can do about it. Would lovve some advice from someone in the know.

Thanks
Ruth

Eric Frei

Neighbourhood Disputes Resolution Act 2010 Queensland

Queensland Australia Fence Line Law

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Apocalypsse

Wouldn't that count as criminal trespass as well? Report it to the Police so they have it on record, your neighbor threatening to break into your property to poison a tree.

Garry Brockley

If thats what was said and it happens then I would say criminal trespass and criminal damage and if the tree dies and you can prove it was them, if the tree then falls over he is probably liable both criminal and civil justice systems could be used.
but im not a lawyer or police officer try contacting a solicitor and getting advice.

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Brent Ferris

Set up a webcam with infrared so you can have proof if it happens. Fence the property and post No Trespassing signs,

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gkn

you could also get an arborists report done on this tree , that way if the tree is healthy and poses no apparent risk , you have it in black and white , or you could tell your tenants nieghbour not to be so annal retentive