In March 2014 Robert the Renovator relocated with his family from inner Sydney to a suburb just north of the Brisbane CBD. The suburb is very leafy and relatively quiet, as well as slightly hilly in some areas. It is called Havana and has easy access to the CBD by both a new train station and several new bus routes. It is not a very modern suburb as in the past it was not very popular. However, the new station and bus routes have made it a very desirable suburb as it is now very easy to get into the CBD. Robert believes he can easily make a good living both by renovating old homes and/or demolishing older homes and building new ones. He believes he will be able to build new homes, duplexes or small townhouse or apartment complexes depending on the size of the lot as well as the condition of any existing dwelling.
In May 2014 Robert begins to buy properties. The first is to be his own home, which he renovates as quickly as possible. It is a very small block and while the house does not need much work, the garden is very overgrown, mainly with shrubs. Robert needs to clear the garden before he can create a new one and in addition needs to speak to his neighbour Charlie about the 3m high wooden paling fence built between their two properties as it is not safe. The fence is located on the boundary between their two properties and is adjacent to their respective garages and driveways. Robert has an expert report that states the fence posts are all rotten and that while it ‘looks alright’ it could fall over at any moment. If it did this it could seriously injury someone or damage any vehicle parked on either driveway.
In July 2014 Robert buys the first of his investment properties. It is a very large vacant block of land (i.e. without a house) of 3 hectares and has several very large macadamia trees on all boundaries. The block is large enough that he will be able to construct a very attractive townhouse complex. The trees are all very old and some branches are unsafe. Robert has had the property surveyed and knows that all the trees, although they overhang the neighbouring properties (owned respectively by Kurly, Larrie and Moe), the tree are growing only on Robert’s property. Kurly, Larrie and Moe, and Pedro who lives on the other side of the street, were originally excited at Robert’s arrival, as they thought the trees would be removed or at least pruned and would enable more sunlight into their land. However, the trees will add considerably to the value of the proposed townhouse complex and so Robert wants to keep them all just as they are, particularly as, being on the boundaries, none of the trees will interfere with his construction plans. Kurly, Larrie, Moe and Pedro are not able to convince Robert to remove or prune the trees.
In August 2014 several events occur:
- Part of the fence between Robert and Charlie’s property falls over. No-one is injured however Robert and Charlie cannot agree on what to do next;
- Moe removes all of the branches from Robert’s trees that overhang his property and uses them as firewood. Robert is furious as the trees on that side now “looks ugly”; and
- Pedro sent Robert a letter threatening to take court action if Robert does not prune the trees that are blocking Pedro’s view.
Advise Robert.
Your advice should include references to relevant legislation, any cases that may be useful examples for determining what should be done, and refer to any procedures that should be followed or forms to be used (if any). It should be logically set out and address issues separately.
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