A landowner’s tree branches or roots that cross a property boundary may be cut or trimmed by the neighbour. However, this must not be done in such a manner to damage or destroy the tree, otherwise the tree owner could claim compensation. The neighbour’s right to deal with the tree ends at the boundary.
The local authority should be contacted prior to dealing with the tree in case it is a protected tree.
Any cost associated with trimming branches or roots is borne by the person doing the trimming, unless the matter is taken to the Disputes Tribunal or District Court (eg. if the tree had caused damage).
Legal action for obstructed view or enjoyment of land
If trees from a neighbouring property are blocking a view or affecting the enjoyment, you may take the matter to the Disputes Tribunal for compensation, or go to court.
Section 129C(3) of the Property Law Act 1952 states that the District Court may order the removal or trimming of trees growing or standing on land which are adversely affecting your property. This is a discretionary order, and must be fair and reasonable, and necessary to remove or prevent:
• Actual or potential danger to life, health or property
• Undue obstruction of a view
• Undue interference with the reasonable enjoyment of the neighbour’s land
Where a complaint relates to an undue obstruction of a view, the Court must have regard to several matters (s129C(6)). In relation to a residential problem, these include;
• Public interest in maintaining aesthetically pleasing environments; and
• Value of, or any historical, cultural or scientific significance of, the tree; and
• Likely effect of removal or trimming on ground stability, water table, or run-off.
Options
1. Talk to your neighbour & ask them to trim or remove the tree(s).
2. Trim the offending branches and roots that are on your side of the boundary.
3. Check the District Plan or Certificate of Title for the property to see whether there are any rules relating to the use and appearance of the neighbouring land. These rules may limit the height of trees or for owners to keep property in a tidy state.
4. Make an application to the Disputes Tribunal or the District Court.
