What can I do now?

Cutting a tree. 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".

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If you don't want to do this yourself you can ask a district court for an order for the trimming or even removal of the tree. Sep 28, Talk to your neighbour before cutting any branches. Check with your council to see if the tree is protected.

Trees that are dangerous or blocking your view. You can also get an order from the District Court to remove a tree that’s dangerous or blocking your view. What to do about trees that are causing problems.

Trees on council-owned or public land. If a neighbour’s tree is dangerous or is blocking your view or light, you can apply for a special type of District Court order to get the tree removed or trimmed. Note: Some trees are protected by the Resource Management Act The status of a tree should be checked with the local authority before work starts.

If any branches or roots from trees on your property cross a boundary, your neighbour has the right to cut or trim them. However, they may still need resource consent to do so.

If the court does make an order against you, they can also require other specific conditions, such as you being required to compensate your neighbours for damage done to their property and damage done in carrying out the work.

If a tree on your property endangers life or property or diminishes their property, as a last resort, your neighbour can apply for a court order to have you trim or remove it. The Courts have been willing to direct a neighbour to trim a hedge or tree and keep it at a certain height or to remove a tree or even a large stand of more than trees in a rural setting. In that case, theFile Size: KB.