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QLD Property Law - How to Solve Snake Problem at Property?

Discussion in 'Property Law Forum' started by anum, 19 August 2016.

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  1. anum

    anum Member

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    We have rented our property at Brisbane QLD. The tenants moved roughly 1 month ago and now they say –


    There is quite a large snake problem at the property, we had another snake there last night and the neighbours confirmed this is a very common occurrence.

    We also found fresh snakeskins near the back fence and paid $95 for a snake catcher last weekend who couldn't locate the snake at the time. They come from the nature reserve behind the back fence. We've also been told there is a large carpet python present who tends to sit on top of the back fence which is a big concern to us for our girl and the dogs.”




    There is a natural reserve behind the property and the movement of the snakes is not under our control. So is it mandatory under law that we install a snake barrier or it’s the renter's option if they want to get one themselves. We have stayed in the same property roughly for last 3 years and we did not get any snake problem.

    Please help us on how we can proceed with this matter under property law.
     
  2. Rod

    Rod Well-Known Member

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    If they are like this in the first month, suspect it may get worse. Might be easier and less hassle to offer them to terminate the lease.

    Don't think you need do anything. No different to birds flying in.
     
  3. anum

    anum Member

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    LOLZ! They given me enough grief already for other matters...
     
  4. Tim W

    Tim W Lawyer

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    Many species of snake are protected,
    so you cannot always and automatically harm them,
    no matter whose land they are on.

    On that basis, I am not sure that you have any more of a duty of care
    to manage snakes on your land than you do rats and cane toads.

    Before you spend a fortune on commercial snake catchers, or snake repellent gadgets,
    have a chat to the folks at Wildlife Queensland.
     
  5. anum

    anum Member

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    Thanks for the reply.

    So I can just supply the tenants with some repellant sticks and tell them to be careful. If something goes wrong with the pets or children due to snakes, would that be my responsibility as the house owner?
     
  6. Rod

    Rod Well-Known Member

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    Unlikely. You are not responsible for wildlife.
     
  7. Tim W

    Tim W Lawyer

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    In lawyer-speak, the question is something like...

    "Do you, as the landlord, owe some sort of duty of care to the tenants,
    in respect of snakes (or perhaps wildlife generally)
    of the kind that, if breached, could found a negligence claim?"
    I am not an expert on the law of negligence in Queensland,
    so I hope one of the Queensland lawyers here will have some useful advice.
     

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