Problems with Neighbours Trees

Problems with neighbouring trees can be a common source of tension between neighbours. In this article we examine what you can do about it.

Problems with neighbouring trees can be a common source of tension between neighbours.

It is a good idea to talk to your neighbour first to see if you can come to some arrangement that is suitable to both parties, such as, agreeing to have the trees trimmed or reduced in height.

However, if that does not work you can apply to the District Court under the Property Law Act 1952 ("Act"). Section 129C of the Act gives the Court the power to order removal or trimming of trees that are injuriously affecting neighbour's land. Specifically, section 129C(6) includes factors that the Court may take into consideration in determining whether a tree is obstructing the applicant's view or is otherwise causing injury or loss to the applicant. These factors include the:

• Interests of the public in the maintenance of an aesthetically pleasing environment;
  
• Desirability of protecting public reserves containing trees;
  
• Value of the tree as a public amenity;
  
• Historical, cultural or scientific significance (if any) of the tree; and
  
• Likely effect (if any) of the removal or trimming of the tree on the ground stability, the water table or run-off.

• The tree is causing or is likely to cause loss, injury or damage to the applicant's life, health or property (section 129C(8)(a)); or
  
• The tree is obstructing any view that an occupier of the applicant's land would otherwise be able to enjoy, or is otherwise causing injury or loss by diminishing the values of the property or reducing the enjoyment of it for residential purposes (section 129C(8)(b)).