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The Tasmania Law Reform Institute releases Final Report No 21, Problem Trees and Hedges: Access to Sunlight and Views, which examines the law as it relates to disputes between neighbours about trees and hedges on one property that obstruct the access of sunlight to, and/or views from, a neighbouring property. It identifies a number of main concerns including:
- The lack of redress available to residents whose enjoyment of their property is reduced due to trees or hedges on a neighbouring property which block their sunlight or views
- The need to recognise the right of a resident to establish and maintain a garden on their property, which may include the use of trees and hedges to provide some form of privacy screen
- The need to identify a suitable mechanism to resolve disputes between neighbours which involve competing interests concerning trees and hedges.
The Report ultimately concludes that, due to inadequacies in the existing law in Tasmania, reforms in this area are required. The Report makes 18 recommendations. The principal recommendation is that a statutory scheme be implemented to address problems with trees and hedges on neighbouring land which block access to sunlight and views and that the scheme vests the Resource Management and Planning Appeals Tribunal with jurisdiction to hear disputes. It is recommended that the Tribunal’s jurisdiction should be limited to hearing serious and intractable disputes which have not been amenable to resolution by alternative methods, including formal meditation.
