Your neighbour’s trees

Leaves falling onto your propertyIf your neighbour’s tree drops leaves onto your property or blocks your guttering, you are allowed to prune the overhanging branches back to the fenceline.

Blocking sunlightIf your neighbour’s trees are blocking sunlight to your house and garden, talk to your neighbour. If neighbourly talks fail, then you can take legal action.

You will have to convince a court that the trees are having an adverse effect on your property and your enjoyment of it.

Loss of viewIf trees are blocking your view, even if the offending trees are not on your neighbour’s property but on a property further down the street, you can do something about it. Seek legal advice.

If you have any issues with your neighbour’s trees, talk to your neighbour first and try and resolve the issue yourselves. If you can’t agree, then you need to seek legal advice.

For further information contact:

Citizens Advice BureauBright Street

Gisborne

Phone: 06 867 2606

www.cab.org.nz

15 Fitzherbert Street, GisbornePHONE 06 867 2049 ● FAX 06 867 8076

EMAIL service@gdc.govt.nzwww.gdc.govt.nz

Talk firstSuburbs need trees. They beautify our city and landscape, but disputes over trees can cause conflict between neighbours.

Trees can block sun, leaves can clog guttering, and roots can choke drains or damage fences.

Differences can usually be settled by talking, but if you can’t agree, legal action may be the only way to solve the dispute. That will cost money and will most likely destroy any neighbourly goodwill.

Will council help?Council will not become involved in neighbourly disputes about trees. This is not a council responsibility, but a civil matter between neighbours. Council does not get involved or act as a mediator between the two parties.

However, if a tree is overhanging a public place such as hindering the use of a footpath, council will request that the tree and any other ground vegetation be trimmed back.

If a Council owned tree is causing problems for you, report it by contacting Customer Service.

Overhanging trees

24m

0.5m

5.0m

2.4m

Private Land Footpath Road

This shows the required height for treesover the footpath or road.

Tree owners are responsible for any nuisance or damage their tree may cause to neighbours.

If a tree is causing a nuisance, you must decide whether the problem outweighs the benefits the tree provides, such as beauty, privacy, shelter or shade.

Try to work out a solution together. Your neighbour may be happy to help solve any problems caused by the tree.

It’s better to talk over the fence, rather than in court. If you can’t agree, then you need to seek legal advice.

Common disputes over treesOverhanging branches or tree rootsIf the roots or branches of a neighbour’s tree cross the boundary, you can cut or trim them.

The owner of the tree cannot be asked to pay for the cost of removing branches.

Any overhanging fruit or flowers belong to the tree owner, neighbours should ask before picking them.

Damage by tree roots or branchesIf the roots from your neighbour’s tree continually block your drains, which means you have to get a plumber to clear them, or the branches are pushing over the fence, ask the tree owner to do something about it.

If they are not prepared to do anything, you are allowed to remove any part of a neighbour’s tree that intrudes into your property.

Please note that the roots can only be cut off on your side of the boundary.

If you were to use poison on the roots, and the tree dies, the tree owner could claim compensation.

Your right to take action stops at the boundary line between your property and your neighbours’.