Re: Tree on property boundary

Things have moved on. We commissioned a boundary survey which disclosed that  the boundary cuts right through the middle of the tree. After a struggle with long-forgotten geometry and calculus, the tree’s ownership at ground level is as follows: Gated Lot’s OC 50%. Our OC 20%. Me 30%. Section 4 of the Trees (Neighbourhood Disputes) Act 2006 gives jurisdiction to the Land & Environment Court if the tree is based wholly or substantially on adjoining land. There’s good case law for “adjoining” but the sticky bit is that Gated Lot’s share is only 50% which isn’t quite enough. I’ll need to convince the court that I can aggregate the 50% and the 20% to make the tree substantially on adjoining land, i.e. on two pieces of adjoining land. Helpful staff at the court registry referred me to Brown and Anor. vs. Weaver 2007 LEC 238 but I can’t find it on their website. It apparently discusses the meaning of “substantially”.