Trees and Roots ?

[Nice]

Reasonably well known point that if tree branches are crossing the boundary and creating a nuisance, then one is allowed to cut them off and return them to the owner. Obviously such actions should always be preceded by discussion wherever possible.

What happens with this issue below ground however; when the neighbours tree roots are interfering with drainage and causing problems ? Discussion always a starting point, but if that fails, is there any official method of redress ?

[artemis]

Try this link -

http://communitylaw.org.nz/community-law-manual/chapter-11-neighbour-disputes/trees-chapter-11/

[Nice]

Thank you, good clear advice !

[Phi]

Hi, I've got a situation where the trees alongside the boundary fence have grown up and are hanging over the neighbouring properties (subdivided, front and back houses).
The neighbours (front and back) approached my tenant and said they want the trees removed. I have had two quotes from tree removal companies this week done, awaiting a third.
If I just get the trees pruned so they don't hang over the fence that will resolve the issue, temporarily, however if I get them removed completely that will stop the issue recurring. My question is, if I go for the permanent option which will cost considerably more, am I to bear to full cost?
Advice appreciated, thanks.

[Nice]

Your trees, your cost ?

[Phi]

That was my initial thought but thought I'd ask the question...it would be cheaper to just prune but if I went further and got them removed then that would be significantly more costly but would ensure the neighbours never have to deal with branches or leaves coming across the fence line (they got the tenant to take a picture of the leaves they had raked into a pile), I'm not sure if leaves are covered by any type of legislation etc.

[Nice]

I had a beer at the weekend with a tree chap, he said trimming trees was like getting your hair cut. Most of his trim clients were regularly scheduled in for contact, his regulars. Made more from them than the cut down brigade by a long shot !

[FJW]

Reasonably well known point that if tree branches are crossing the boundary and creating a nuisance, then one is allowed to cut them off and return them to the owner. Obviously such actions should always be preceded by discussion wherever possible.

What happens with this issue below ground however; when the neighbours tree roots are interfering with drainage and causing problems ? Discussion always a starting point, but if that fails, is there any official method of redress ?

Hi Nice

We had an issue recently when this happened and raw sewage started to leak out and the council got involved with that one.

We've had other cases where we have had to pursue it through the disputes tribunal....

Hope that helps

[Wayne]

That was my initial thought but thought I'd ask the question...it would be cheaper to just prune but if I went further and got them removed then that would be significantly more costly but would ensure the neighbours never have to deal with branches or leaves coming across the fence line (they got the tenant to take a picture of the leaves they had raked into a pile), I'm not sure if leaves are covered by any type of legislation etc.

A lot depends on the amentity value of the trees.
Most people like trees which is where the regular trim come in.
It's a maintenance cost!

[Meehole]

We have pulled 5 trees out and issued the neighbours (2 properties on cross leased site) with a fencing notice. Their costs 1/4 each share of the new fence and 1/4 share to remove to the trees. We will meet the cost of disposing the trees/foliage. So far 1 has said ok, the other is in Oz and hasn't said no just that she was wanting to look over the info I sent which gave her 21 days to come with an alternative.
I used Housing NZ rate of $113 a tree 2-5 metres. We own a digger and chain saw so no biggie for us. Just do it!

[Phi]

We have pulled 5 trees out and issued the neighbours (2 properties on cross leased site) with a fencing notice. Their costs 1/4 each share of the new fence and 1/4 share to remove to the trees. We will meet the cost of disposing the trees/foliage. So far 1 has said ok, the other is in Oz and hasn't said no just that she was wanting to look over the info I sent which gave her 21 days to come with an alternative.
I used Housing NZ rate of $113 a tree 2-5 metres. We own a digger and chain saw so no biggie for us. Just do it!

I presume it was the fact the site is cross leased enabled you to include tree removal costs as part of the fencing notice?
I expect that once the trees on our side are removed, and the unattractive fence is fully exposed, the neighbours may want this replaced as they mentioned the fence to the tenant (it's not falling over), and surprisingly they asked her whose fence it was.

[Meehole]

I presume it was the fact the site is cross leased enabled you to include tree removal costs as part of the fencing notice?
I expect that once the trees on our side are removed, and the unattractive fence is fully exposed, the neighbours may want this replaced as they mentioned the fence to the tenant (it's not falling over), and surprisingly they asked her whose fence it was.

Very few people are aware of the fencing act so no didn't ask just did it and issued them with the notice. Neither of the owners have ever contributed to maintaining the trees which overhang far more on their side and on their driveway than ours, so if they dig their heels in and won't pay I will take them to the Disputes Tribunal, let someone else sort it out.

[craigwall02]

Be careful with the Disputes Tribunal. We just applied for reimbursement of the cost ($2000+) of our trimming the neighbour's tree that overhangs our place, not hers, and eventually the Mediator (?judge?) said our claim was not within the Tribunal's jurisdiction, even though the tree was established as an actionable Nuisance in tort. She could award payment for actual for damage, but not for cost of the abatement (trimming) of the nuisance. That leaves us only with the District Courts Property Law Act s.333-7 option, by all accounts very costly (up to 30k, and then we may have to foot the bill for the tree removal!!!) and i suppose still unsure, depending on the green-ness of the judge!!