Lucy Corry
Wellington, May 1, 2018
Whoever said, ‘The best time to plant a tree was 20 years ago’ obviously never dealt with overhanging branches, wayward roots or grumpy neighbours.
As anyone who lives in a leafy area will tell you, trees can cause no end of bother.
Trees can block views, damage fences and interfere with power lines.
Roots can disrupt pipes, branches can reduce sunlight availability, leaves can block gutters and windfall fruit can attract rodents.
Planting without Thinking
These problems are often caused by well-meaning property owners who plant trees without thinking about how big they will grow.
By the time a tree is well-established, it may be already wreaking havoc both overhead and underground. Overhanging branches may present obvious hassles, but tree roots are usually out of sight, out of mind until they start to snaking their way into retaining walls, foundations or drains (at which point they become difficult to ignore and expensive to re-route).
Procedures to follow
If you own a property, you are allowed to do whatever you like to your trees, within the bounds of the law that says you have the right to the ordinary use and enjoyment of your land. This is subject to any protection that may apply to your trees.
If they are protected (for example, because they are historic, considered to be significant or needed to prevent erosion), you may need to get resource consent before doing anything to them. Remember that you cannot unreasonably interfere with your neighbours’ use and enjoyment of their land, which means that you cannot let your trees become a problem at their place (and vice versa).
Careful Planning
If your neighbours have trees that are giving you grief, think carefully before swinging an axe or chainsaw. Legally, you are entitled to trim any branches or roots from a tree (or large shrub, or plant) that encroach on your property unless they are protected, in which case you may need resource consent first. However, for the sake of being a decent human being, it is a good idea to talk to the tree’s owners first.
Do not be tempted to take matters into your own hands and poison the tree, or trespass onto a neighbour’s property to chop parts of it off.
Professional Help
One way to resolve the situation is to seek advice from a professional arborist. Getting an expert to prune the tree in a way that does not destroy it completely will be far cheaper than engaging a lawyer.
In the worst-case scenario, if you can’t sort out tree issues with a chat over the fence or the aid of an arborist, it may be time to seek help from the Disputes Tribunal or the District Court.
If the trees are causing a nuisance, such as blocking views and/or light, and you are unable to come to an agreement with the neighbour, you can apply to the District Court for an order to get the neighbour to trim or remove the tree.
For independent advice on buying or selling property, check out settled.govt.nz
Lucy Corry is Media Communications Manager at the Real Estate Agents Authority based in Wellington. For independent advice, please visit www.settled.govt.nz
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The Pohutukawais one of most precious trees but are under threat.
Before you think of pruning them, please consult your Council or the nearest Citizens Advisory Bureau. (Picture from file)
