Love thy Neighbours…. Trees…

You would probably be surprised to know that one of the most asked questions I get is, “My neighbours trees are overhanging my property can I cut the tree down?”

As much as trees are great and provide shelter, beautifying our gardens and surrounds, they can also block drains, disrupt foundations, block views, create shadows, drop leaves and sometimes fall down. If the source of any of these problems is someone’s else’s tree, then you know what I am talking about when I say that feelings about these trees run high.

There are a great many issues surrounding large trees especially when they are shared. Health and safety issues are relevant, the age and status of the tree especially if it is of a protected species and whether there would be any effect on ground stability are all considerations when discussing any tree work.

If branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line, but it is always best to approach them first and talk to them about the issues. They may not be even aware of the problems that the tree is causing.

You both after all have to live with the outcome and there are many pitfalls you could encounter if you just go ahead and chop!

Abatement is the legal name given to being able to work on a tree that encroaches past your boundary line. If you don’t want to do it yourself, you can go to the District Court and ask that they initiate an order for trimming or even removal of the tree. You can’t cause any damage to the tree or go onto their property to carry out the work without prior agreement.

Contact the council for any specific concerns and they can assist with your own individual requests specifically heritage orders under the Resource Management Act and voluntary protection under the Heritage Covenant provisions of the Historic Places Act. They can also provide a paper trail if necessary.

In the long run though, it is always best to approach directly the neighbour concerned and talk about it in way that can bring about a resolution that benefits both parties and enlists the help of professionals. It’s something I take pride in, knowing that our name isn’t just about a catchy phrase, we actually can and regularly do, create “Tree Magic”