Cutting & Trimming
If the roots or branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. In law, this is called "abatement".
The Property Law Act 2007 says property owners are responsible for any nuisance or damage their trees cause to neighbours, even if the trees were planted before they bought the property.
This means that it is a ‘Civil' matter between the two parties involved, i.e. you and your neighbour.
If you have an issue with trees on the boundary or on your neighbours property your first course of action is to discuss the matter with your neighbours.
Some of the issues that may be dealt with by The Property Law Act 2007 are:
• Roots from neighbours trees blocking your drains etc.
• Roots from neighbours trees causing damage to your paths, fences, lawns etc.
• Leaves from neighbour's trees are blocking your spouting and/or drains.
• Branches on your neighbours trees are growing over onto your side of the boundary,
• Trees on your neighbours property are blocking the sunlight from your house or section,
• Trees on your neighbours property are blocking a view that you once enjoyed,
• Trees on your neighbours side of the boundary are pushing the boundary fence over,
• Trees on your neighbours side of the boundary are old and dying and may fall down onto your house, garage, shed or other parts of your section,
If you reach an impasse, you may need to take legal action.
This course of action is done using the provisions set out in The Property Law Act 2007, Sections 332 - 338. You will need to consult your lawyer in order to take action under these provisions.
As stated above Council do not have any jurisdiction in the matter.
For the rules governing trees in an area zoned 'Rural' in the District Plan see Related Documents below