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Thread: Boundary trees

  1. #1

    Default Boundary trees

    Howdy
    I did search and this topic has been discussed few times, however I decided to run few questions past PT forums to make a definite plan of dealing with the issue.

    I have recently bought and moved into a central Auckland house (freehold section). Along one boundary, there are two big Privet trees, which are heavily overgrown onto my section, that I would like to remove, because of the following reasons:
    1. They are right next to my concrete garage and roots might be damaging it.
    2. Privet is classified as pest by NZ council and it very active during blooming and may cause allergic reaction to some degree. I think I'm experiencing it because since I moved in almost every night I need to use nose drops to clear congestion. I have not had to do that in the past.
    3. The leaves/debree(spelling?) from the trees falls on my driveway, cars, roof (gutters), blocks stormwater drains hence these need to be cleaned at lest weekly.
    4. Blocks the sun in the afternoon

    I have already briefly spoken to my neighbor, kinda wierd guy, and he mentioned that he would like to keep those trees (at this point I have not asked him directly to remove them). He allowed me to trim those trees to the boundary, which I sortof did, but because the trees are pretty tall, I'm not able to completely trim it. Even if I could trim them to the boundary exactly, I would still get most of the issues, and moreover this would probably cause the trees to be unbalanced therefore would raise other concerns and risks. Also, it's not possible to definitely say whether these two trees are on my side, his side or boundary, as no boundary markings are to be found anywhere. I cant even tell if the fence is on my side or his.

    To make matters worse, he has at least one other large Privet tree well inside this section (that also overgrows onto my section).

    My plan of action is to write him a nice letter explaining how much I would like those three trees removed and offer to do it myself/at my cost.
    Question is what are my options should he refuse to comply ?

    Somebody told me that since this is a Privet tree, I can apply to council/court to have these removed, and since it is classified as pest, and I believe I have strong case, while my neighbor has no reasonable counter arguments, other that that he 'likes them there', council/court might issue order for removal.

    I'd appreciate input.

    Thanks.

  2. #2
    Join Date
    Jul 2005
    Location
    NZ
    Posts
    976

    Default

    I was wondering if privet is a noxious weed in and around Auckland? Is there a council plan to remove it from their land and parks, and on private land? The pollen causes a huge amount of hay-fever in spring, while the privet is in flower. People are off work, kids are away from school at exam times. This must be costing a fortune in lost productivity. John Meadows, Auckland.

    Noxious weeds are now known as plant pests. The two main species of privet, Chinese privet and tree privet, are considered invasive and are no longer able to be sold, propagated, distributed or commercially displayed. The Auckland Council has a programme of plant pest control and removal on public land, including parks, and encourages the removal of privet on school grounds. Both species of privet were declared "national surveillance plant pests" by the former Auckland Regional Council to prevent further spread by human activities, and this classification still holds. Householders are encouraged to remove or control privet growing on their property, but its removal is not mandatory.

    http://www.nzherald.co.nz/nz/news/ar...ectid=10779661

    http://www.arc.govt.nz/albany/fms/ma...20Part%202.pdf

  3. #3
    Join Date
    Jul 2011
    Location
    Tauranga
    Posts
    2,769

    Default

    Noxious weeds needs to be kept back a certain distance from boundaries I am pretty sure. At least that is the case with gorse in Dunedin as parents had issues with townies who moved in next door - took ages to get them to cut it down and then they stacked it along the fence line

  4. #4
    Join Date
    Aug 2010
    Posts
    2,630

    Default

    Proving a medical issue won't be easy, and the most you'll be able to do is knock them back to your boundary, to their full height.

  5. #5
    Join Date
    May 2004
    Location
    Bay Of Plenty, NZ
    Posts
    3,604

    Default

    Get in contact with the Auckland Regional Council and see what their stance is on this.

    You may find that they're trees that they don't know about and your neighbour may be required to remove them.

    Not a great way to get on with your neighbours though, is it??
    Patience is a virtue.

  6. #6
    Join Date
    Sep 2008
    Posts
    7,555

    Default

    nz railway's cuttings are FULL of gorse, esp. the south auckland run to pukekohe from papakura

    always have been and appear likely that they always will be

    must annoy the farmers on both sides who have to deal with the all never ending runners and seeds on their fields

    the plant pest thing seems to mean you can complain but not force action
    Last edited by eri; 11-12-2012 at 01:59 PM.
    have you defeated them?
    your demons

  7. #7

    Default

    Quote Originally Posted by TheLiberalLeft View Post
    Proving a medical issue won't be easy, and the most you'll be able to do is knock them back to your boundary, to their full height.
    Maybe...
    But proving that the roots are in immediate proximity to a concrete structure hence hazard to my property will be trivial, and that is a clear breach of the property act. In fact all other reasons that I have listed are mentioned in the property act in one form or another.

    My point is that I would prefer not go get involved with councils/courts, but if there are no alternatives I will.
    Yes, thats not the best way to start the relationship with new neighbor, but reality is the property I have purchased used to be a rental, where landlord(s) have skimp on maintaining hence it was overgrown by mostly pest plants/trees.

    These are not the only issues I have with this guy. Also he parks his car in unsafe (probably illegal - hard to explain without pic) manner. Moreover his other plants are damaging the fence (but that is fencing act altogether and I'll deal with this separately)

  8. #8
    Join Date
    Jan 2009
    Location
    Auckland
    Posts
    239

    Default

    Tell the neighbour you love the trees and that you really appreciate the shade and privacy that they provide.
    If the reverse psychology doesn't work at least when they up and die for no apparent reason in a couple of months he won't think you had anything to do with it.

  9. #9

    Default

    Quote Originally Posted by lawt View Post
    Tell the neighbor you love the trees and that you really appreciate the shade and privacy that they provide.
    Haha i put money on this working 80% of the time.

  10. #10
    Join Date
    Sep 2008
    Posts
    7,555

    Default

    do the trees in any way impact on your view?
    have you defeated them?
    your demons


 

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