Principal Place of Residence (PPR) Duty Concession set to return

Thu, 03 May 2012 23:13:00 GMT

The new LNP Government has confirmed that it will honour its promise to revive the principal place of residence (PPR) duty concession from 1 July 2012. The PPR concession was abolished by the previous Government for contracts formed from 1 August 2011 which meant people purchasing a home paid the same duty as people purchasing an investment property.

We understand legislation to reinstate the duty exemption will be introduced into Parliament during the first sitting commencing 15 May 2012. At this stage we are not certain whether the new PPR concession will be identical to the previous concession. This is welcome news especially considering the Building Boost grant expired on 30 April 2012.

For further information contact Paul McHugh

Trees and Fences - Neighbourhood Disputes Resolution Act 2011

Tue, 28 Feb 2012 04:53:00 GMT

Every year, thousands of Queenslanders find themselves in the middle of a neighbourhood dispute about a tree or a fence. The new Neighbourhood Disputes Resolution Act 2011 (“the Act”) commenced on 1 November 2011, and is intended to make it easier for neighbours to resolve their disputes about dividing fences and trees by providing more effective remedies.

Fences

A dividing fence is a fence constructed on the common boundary line of adjoining land. Sometimes a dividing fence can be built off the common boundary line when it is impractical due to the physical features of the land.

The Act does not apply in relation to a fence or part of a fence that is a barrier of a regulated pool under the Building Act 1975. This is because under recent amendments to the Building Act 1975 very specific obligations are imposed upon the owner of land upon which a regulated pool is situated. These obligations differ greatly from the obligations of an owner under the Act, and as a result, it is not practicable for the Act to apply to barriers for a regulated pool.

Retaining walls serve a different purpose than fences. They are engineered to support built up or excavated earth. Retaining walls are not normally a matter of joint responsibility for neighbours because a retaining wall is usually of more benefit to one neighbour.

Trees

The Act provides greater choices for neighbours in dispute about trees affecting their property.

The word ‘tree’ under the Act includes any woody perennial plant or any plant resembling a tree in form and size such as a shrub, bush, vine, bamboo, banana plant, palm or cactus. It also includes a bare trunk, a stump rooted in the land, and a dead tree. A tree is ‘situated’ on land if the tree is, wholly or mainly, on the land, and includes a tree that has been removed.

The proper care and maintenance of a tree is the responsibility of the tree keeper, and the tree-keeper must ensure that their neighbour’s land is not affected by a tree growing on the tree-keeper’s land. For the purposes of the Act, land is affected by a tree if a neighbour can demonstrate that the tree caused serious injury to a person, serious damage to a neighbour’s land or property or substantial, ongoing or unreasonable interference with a person’s use and enjoyment of the person’s land.

If a neighbour wants the tree-keeper to take responsibility for lopping the branches of their tree hanging over the boundary, they can serve a Notice for removal of particular overhanging branches upon the tree-keeper. This notice can be used for branches which are more than 50cm over the boundary and less than 2.5 metres above the ground. If the tree-keeper does not respond to the notice, the neighbour can proceed to have the lopping done and recover from the tree-keeper a maximum sum of $300 per annum. If there is a vegetation or tree protection order over the tree, enquiries have to be made with the local council before cutting the tree.

The application of the trees provisions in the Act is limited to urban areas and to cases where the land affected by a tree adjoins the neighbour’s property or where the lands are separated by a road. The Act does not apply to trees situated on rural land, land that is more than four hectares in size, or land owned by a local government that is used as a public park. The Act also excludes trees planted or maintained for certain purposes such as for commercial purposes or as a condition of a development approval.

QCAT

Queensland Civil and Administrative Tribunal (QCAT) has jurisdiction to deal with these matters. The website maintained by QCAT has further information and application forms that must be used to commence proceedings in the Tribunal (www.qcat.qld.gov.au).

Action in nuisance

An action in nuisance may still be brought where a tree causes injury, damage or interferes with a neighbour’s property. In such cases the action will have to be taken after damage has occurred and steps to mitigate damage must also be demonstrated.

The information provided in this article is a general guide to the Act. The resolution of each neighbourhood situation depends on its own unique circumstances and legal advice should be sought if you are in doubt about your legal rights.

For further information contact Patrick Meehan

This article and other recent legal updates can also be found on our website at www.tml.com.au/news

Newsletter - January 2012

Tue, 07 Feb 2012 05:10:00 GMT

In this issue:

Neighbourhood disputes legislation now in effect
Property owners to pay thousands more
Home and hosed for our senior citizens
What is a reverse mortgage?
Thompson McNichol Lawyer Honoured by Chief Justice

Click here for our January Newsletter

Blog

Principal Place of Residence (PPR) Duty Concession set to return

Trees and Fences - Neighbourhood Disputes Resolution Act 2011

Newsletter - January 2012