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Cutting down the cypress leylandii, pittosporums, and cotoneasters on your neighbours' land - the resolution of spite hedges

journal contribution
posted on 2023-05-17, 14:15 authored by Lynden Griggs, Low, R
Queensland, New South Wales, and the United Kingdom have enacted legislation that governs what are colloquially known as spite hedges. These are barriers, commonly horticultural, that once constructed, block the view or sunlight from a neighbouring property. The matter was also recently raised in the Tasmanian Parliament. This article examines whether legislation should be enacted to deal with this issue, and if so, what is the regulatory model that need to be adopted. The conclusion is that a layered nuanced approach is needed to balance the interests and obligations of neighbouring landowners.

History

Publication title

Australian Property Law Journal

Volume

21

Pagination

1-13

ISSN

1038-5959

Department/School

Faculty of Law

Publisher

LexisNexis

Place of publication

Chatswood

Rights statement

Copyright 2012 LexisNexis

Repository Status

  • Restricted

Socio-economic Objectives

Justice and the law not elsewhere classified

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