Your neighbour's tree: branches, roots, sun and views

Where the law starts

In New Zealand, problems with a neighbour's tree come under the Property Law Act 2007. Community Law's advice is to talk to your neighbour first, before anything else.

This page sets out the process the way Community Law describes it. It's information, not legal advice. For your own situation, a Community Law Centre, Citizens Advice Bureau or a lawyer can help.

Can I cut overhanging branches?

Yes, up to the boundary. Community Law says you can cut back the parts of a neighbour's tree that encroach on your property, as far as the boundary line.

A few things first. Any fruit or flowers on those branches belong to the tree's owner, not to you. A word over the fence before you cut keeps things friendly. And if the tree is listed in the district plan, ask the council before cutting anything, because the plan's limits on trimming can still apply. Our notable trees guide explains how to check.

Cutting at the fence line can still go wrong. A heavy branch taken off in the wrong place can leave a stub that rots back into the tree, or leave the tree lopsided. An arborist can make the cut at a sound point and tell you if the work will harm the tree.

If the branches are anywhere near a power line, stop and ring the lines company. Trees and power lines lists the lines companies and the areas they cover.

Roots, leaves, blocked sun and views

Roots that cross the boundary are encroaching too, but cutting them is riskier than cutting branches. Roots hold the tree up, and digging near a boundary can hit pipes and cables. Before anyone digs, use beforeUdig, an online service that gives anyone planning to dig information on the cables and pipes around the site.

Leaves in the gutter, shade over the vege garden and a lost view can't be fixed from your side with loppers. The Property Law Act lets the District Court order a tree trimmed or removed when it causes problems such as undue obstruction of a view, leaves, fruit, branches or blocked light that spoil the use of your land, interference with drains or gutters, or a risk to life, health or property.

That doesn't mean every shady tree gets cut. Community Law notes that judges are cautious about ordering a neighbour's tree trimmed or removed, so it helps to show the problem is real and ongoing.

How does the District Court decide?

Under section 335, the judge has to find the trimming or removal fair and reasonable, and necessary to prevent one of the problems the Act lists. Under section 336, the judge also has to be satisfied that your hardship without the order is greater than your neighbour's hardship if it's made.

Other things go on the scales too: Māori cultural values, a pleasant environment, public reserves, the tree's historical, cultural or scientific significance, and the effect on ground stability, the water table or run-off.

A tree protected under the Resource Management Act is harder to shift. The judge can only order it removed or trimmed if it's a risk to someone's life, health or property.

If an order is made, the applicant usually pays the reasonable cost of the work, unless the judge orders the neighbour to pay some or all of it because of how they've behaved. The neighbour then has 20 working days to do the work, unless the judge allows more time, and after that you can seek permission to have it done and recover the cost.

What if the damage is already done?

If roots or branches have already damaged something, that's a claim for money, not an order about the tree. Community Law says you can claim the cost of removing the encroaching roots or branches, and of repairs, in the Disputes Tribunal or the District Court. An order to trim or remove the tree itself comes from the District Court.

Storms are different again. The Insurance Council says a neighbour is generally not liable when a storm brings their tree down onto your property, unless it's shown they were negligent. After a storm covers the insurance side.

Will the council sort it out?

Don't count on it. Christchurch City Council says it has no jurisdiction over trees on private land except where roads, footpaths or public services are affected or the tree is council-protected, and it won't mediate tree disputes. Hamilton City Council says much the same: beyond protected trees and footpath overhang, it leaves private tree matters to lawyers.

Where the council does matter is the tree's status. If your neighbour's tree is notable or otherwise protected, any work on it still has to fit the district plan, so talk to the council early.