Tree disputes aren’t inevitable, thankfully, and there are things you can do, as a property owner or maintainer, that will leave you (and your neighbours) with peace of mind. For a start, the law is reasonably clear-cut in regards to trimming trees or bushes that encroach on your property. According to Community Law, as a property owner, you have the right to cut or trim any branches or roots from neighbours’ trees that encroach.
What you cannot do is pick fruit or flowers from the overhanging tree. Despite the tree overhanging on your property, its product belongs to the owner of the tree. And, if the tree is damaging your property, again, the law is clear. The owner of the tree is responsible for any damage the tree has caused. This damage could be to structures, or underground wiring or piping, for example.
If the tree blocks your view or sunlight, you can pursue a special District Court order to remove the offending tree. What the law doesn’t recognise, however, is how your neighbour may feel if you charge ahead and fire up the chainsaw to trim their precious lemon tree, so it is important to discuss the issue with your neighbour first.
Chatting with your neighbours in a friendly manner may go a long way in avoiding hurt feelings, and if they still refuse to act, you can apply to the District Court for an order requiring tree trimming by the neighbour.
So, to avoid such disputes, keep a close eye on the trees on your property, and talk regularly with your neighbours. It’s crucial that you understand what is happening above and under the soil, to avoid future problems. Tree trimming is an important part of maintaining your property – both for the health of the tree, and for the sanity of your neighbour.
If you have any questions relating to the rules around overhanging trees, or are looking for an arborist in Auckland, call Heaven Contracting on 027 475 2445 or contact them online, and for more information on arborists North Shore, tree pruning services and Auckland tree services please go to https://arboristauckland.com .
