Cutting neighbors overhanging tree branches and putting over the fence

[skid]

i seem to remember you can put cut tree branches overhanging the boundary fence on the neighbors (owners) side but cant find any definitive answer.
I cut overhanging branches (and took them away )but a few fell over the fence and the neighbor (tenant) went ballistic before I had a
chance to get them....he was so unreasonable it would be good to know that it was technically legal to do so...thanks for any input

[RollingCloud]

The Consumers site says you can but there seems to be nothing in the Property Law Act 2007 about this. It's an ownership thing, like the fruit on their tree overhanging your property is still theirs.

[donna]

Hi skid,

I've always known the legal standing to be - that you can trim branches and roots that venture onto your property and put them back over the fence. The owner of the tree accepts and removes the branches. The maintenance of the tree so it does not interfere with the enjoyment of neighbours is the responsibility of the owner. I am not sure if you can use an arborist and get the tree owner to pay the bill.

I guess what would happen in most cases is in the interest of neighbourly relations - neighbours would chat over the fence about the trimming before it happens.

In your case - the tenant clearly does not know his Landlord needs to maintain trees on his property and if you'd left the branches where they fell - it would be within your right to do so. You did remove them however, so the tenant has nothing to get upset about - unless of course the falling branches caused damage to his car or other assets.

See link below too.

cheers,

Donna

[skid]

Hi skid,

I've always known the legal standing to be - that you can trim branches and roots that venture onto your property and put them back over the fence. The owner of the tree accepts and removes the branches. The maintenance of the tree so it does not interfere with the enjoyment of neighbours is the responsibility of the owner. I am not sure if you can use an arborist and get the tree owner to pay the bill.

I guess what would happen in most cases is in the interest of neighbourly relations - neighbours would chat over the fence about the trimming before it happens.

In your case - the tenant clearly does not know his Landlord needs to maintain trees on his property and if you'd left the branches where they fell - it would be within your right to do so. You did remove them however, so the tenant has nothing to get upset about - unless of course the falling branches caused damage to his car or other assets.

See link below too.

cheers,

Donna

Hi Donna,
I had disposed of everything that had fallen on our side of the fence...a few branches fell on his side (tenant)
The tenant got aggressive before I really had a chance to retrieve them.
I thought there would be something more precise I could show him if he continues to play up but its pretty vague
about the details of branches being their responsibility in terms of disposal.
I could have sworn I read something specific about that,,but maybe they have changed things to be more vague
in that respect?...I would have been nice to have something in black and white....other wise its just him raving about
How I have broken the law.....blah.. blah

[donna]

^^ Good find RollingCloud and from consumer.org.nz - in law you used what’s called ‘abatement’.

regards

Donna

[skid]

^^ Good find RollingCloud and from consumer.org.nz - in law you used what’s called ‘abatement’.

regards

Donna

Excellent !...thats exactly what I was after....I think alot of his aggression comes from the fact he thinks
I am breaking the law.
I dont intend to push him and am happy to dispose of clippings, but his attitude is the issue and that
may hopefully change if he knows the score

thanks heaps for that both Donna and RollingCloud