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Thread: trees

  1. #1

    Default trees

    Not strictly tenant related but the next door neighbour to one of my rentals has said to my tenants that he going to cut down some branches that overhang his property and send me the bill. Whats the deal here, am I liable for this ? What am I liable for ? cheers

  2. #2
    Join Date
    Jun 2004
    Location
    Kapiti
    Posts
    625

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    I don't believe you are liable if you haven't agreed (verbally or otherwise) to this. Plus if you didn't contract anybody to do the job, you don't owe them a cent.

    If the neighbour doesn't normally cause you grief, it may pay to organise to get the job done. If he is a serial complainer don't bother.

  3. #3
    Join Date
    Jan 2005
    Posts
    1,129

    Default

    I think the neighbour can trim the branches that overhang his property and throw them back onto your property.
    I don't think he can send you a bill - at least I don't think you need to pay any bill he presents.
    Have a chat with him to work out a happy solution.

  4. #4
    Join Date
    Jun 2004
    Posts
    10,404

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    Quote Originally Posted by tricky View Post
    I think the neighbour can trim the branches that overhang his property and throw them back onto your property.
    I don't think he can send you a bill - at least I don't think you need to pay any bill he presents.
    Have a chat with him to work out a happy solution.
    They can certainly trim the branches but is throwing them over the fence an urban myth?

  5. #5
    Join Date
    Jul 2005
    Location
    NZ
    Posts
    978

    Default

    As I understand it you are entitled to cut off any branches overhanging your property provided you return them to the owners.

  6. #6
    Join Date
    Jul 2005
    Location
    NZ
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    Default

    This is interesting. So is this.

  7. #7
    Join Date
    Jul 2005
    Location
    NZ
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    More here and still more here.
    The answer seems to be check with your local authority.

  8. #8
    Join Date
    May 2006
    Location
    Mordor
    Posts
    1,048

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    Quote Originally Posted by Hound View Post
    I don't believe you are liable if you haven't agreed (verbally or otherwise) to this. Plus if you didn't contract anybody to do the job, you don't owe them a cent.
    Mmmm...not necessarily. Overhanging branches are a "nuisance" in law and damages are recoverable from the owner of the tree. However I suspect if the neighbour didn't contact you and then later tried to collect, the Disputes Tribunal wouldn't be impressed.

    Always best to short-cut problems - talk to the neighbour.

  9. #9
    Join Date
    Mar 2010
    Location
    North Shore City
    Posts
    342

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    If the tree is over 8 mtrs in height, you need consent to cut it down, apart from the new laws that give owners the right to prune trees on there property or cut down trees that are not on the protected species list, I.E. pittosporums etc. If you were not the person who planted the tree, but purchased the property without worrying about it, like we all do, then you can be held accountable in small claims tribunal, if the tree causes drainage problems. If the tree is visable from the street and is over 8mtrs, call council before you even prune it. I know a developer that cut down a tree and that tree cost him $200,000, he had to replace it also. Plus he wound his business up. Ring seth at Tree Fellas, he can answer all your legal questions.

  10. #10
    Join Date
    Sep 2007
    Location
    Christchurch
    Posts
    1,259

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    Varies totally from council to council. Christchurch protects specific trees, there's no blanket protection based on height or species.


 

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