trees

[fullom]

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

[Hound]

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.

[tricky]

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.

[Wayne]

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?

[Aston]

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

[Aston]

This is interesting. So is this.

[Aston]

More here and still more here.
The answer seems to be check with your local authority.

[Winston001]

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.

[egan123]

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.

[One]

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

[egan123]

Not wanting to cause dissention here, however, trees come under NZs Environmental Protection Act, Biodiversity, and yes there are minor changes between council districts, but as I have said on PT before, the council bylaws cannot be in contravention of the legislation, so, as a rule of thumb, If you can see the tree from the street, and it exceeds 8mtrs in height, then contact a council approved Arborist, because if you don't, you could wind up in deep poo. You have been warned. My advice is, Seth or Steve from Tree Fellas Ltd, as I have said, they can answer all you legal questions, and council will hang on there every word. Auckland council arborists are not people to muck around with, Trust me on that one, nor any council Arborist for that matter!. Good luck

[drelly]

Or if you're in Northland, try www.treewise.co.nz

[egan123]

Treewise in northland have an excellent reputation, and have fully qualified Horticulturists. They are council approved, and up there, their word is always bang on. tough to find one better.

[CJ]

Egan - I thought they removed the blanket ban last year and now it only applies to specific trees.

[One]

From the Christchurch City Council website:

http://ccc.govt.nz/homeliving/buildingplanning/trees.aspx

No tree species in the Christchurch City Council area are automatically protected. All trees in Christchurch and Banks Peninsula are assessed on an individual basis, regardless of species.

To find out if a tree is protected you can refer to the online Christchurch City Plan and Banks Peninsula Proposed District Plan, List of Protected Trees - heritage and notable trees, or you can contact the Duty Planner on (03) 941 8999 .
Some trees are also protected by consent notices as a condition of subdivision consent, or by conditions of a resource consent.
...
Protected trees fall into four categories:

• Heritage and Notable trees are listed individually or in groups in Part 10 of the Christchurch City Plan and Appendix VII of the Banks Peninsula Proposed District Plan.
• Trees within the Special Purpose Amenity (Road) Zones listed in Part 8 of the Christchurch City Plan.
• Significant trees are protected through subdivision consent processes.
• Trees protected as a condition of a resource consent.