Trees can be majestic, beautiful and relaxing. However, there are also times when they grow in inappropriate places, overhang a neighbour’s property, or fall over due to weather events or disease. This can raise some serious questions about who is responsible for the tree’s removal in Tauranga. Here, we try to answer some of these queries.
Who is Responsible For Trees Overhanging My Property?
If your neighbour’s tree has a branch that’s grown over your side of the fence, then you are responsible for cutting that branch up to the boundary of your property. You may wish to do this should it annoy you or become a danger.
Who is Responsible For Trimming Trees Near Power Lines In New Zealand?
If the tree is growing on public land, then it is the responsibility of the local authority or the power company to trim it. However, if the tree is growing on private land then it is the landowner’s responsibility to make sure that it stays a prescribed distance from any power lines.
Be aware that even if the tree isn’t too close to the power line, it still may cause problems in the event of a storm or if it prevents maintenance workers from doing their job.
Whose Responsibility Is It to Remove a Fallen Tree?
If a tree falls—either due to disease or a storm—then this can cause considerable damage and disruption. There is even the possibility of loss of life if a person is in the vicinity at the time.
If the tree is growing on your land, it is your responsibility to ensure that it is healthy and secure. Failure to do so will likely mean you will be held to account if it falls and causes damage – even during a storm. If you are in any doubt regarding the health of your tree, you must get an expert to come and inspect it.
If the tree is healthy but falls due to extreme weather conditions, then it may be that nobody is held responsible. However, depending on the circumstances, you may still be expected to have the fallen tree removed because it came from your property. If the healthy tree falls and damages someone else’s property, you and the property owner would have to arrange clearance and compensation.
If you have the correct insurance in place and you can prove you have regularly maintained your trees and checked them for disease, you may find your insurance company will soften any financial blow should they fall.
If you have questions about a tree’s health, please get in touch with us. We also provide guidance on who is responsible for tree removal, along with a full range of tree care and removal services.
Frequently Asked Questions
Who is responsible for removing a fallen tree in NZ?
The landowner where the tree was originally growing is generally responsible for its removal. Even if a healthy tree falls due to extreme weather, the responsibility for clearing the debris usually rests with the property owner.
If my tree falls on my neighbour’s house, who pays in NZ?
Your neighbour’s home insurance typically covers the damage to their own property. You are generally only held financially liable if it can be proven that you were negligent, such as by failing to maintain a tree that was clearly diseased or dangerous before it fell.
If my neighbour’s tree falls on my property, who pays for removal?
If a neighbour’s tree falls onto your property and causes damage, your own insurance provider is usually the first point of contact for costs related to the damage and removal. If there is no damage to a building, the cost of removal is usually a private matter between the parties involved.
What should I do if my neighbour’s tree is dangerous?
Speak with your neighbour first to request a professional assessment from a specialist, such as Tree Control. If they refuse to take action and the tree poses an immediate risk, you can seek a District Court order or contact your local council for advice on hazardous trees.
Who owns the branches once they cross the boundary?
The owner of the tree retains ownership of all its parts, including any branches or fruit that overhang your property. While you can legally trim them, you should technically offer the clippings back to your neighbour, though most are happy for you to dispose of them yourself.
Can I make my neighbour pay for trimming or removal?
You are usually responsible for the cost of trimming any branches that are on your side of the boundary. You can only compel a neighbour to pay for or carry out work if the tree is legally deemed a nuisance or a danger, which may require a court order to enforce.
Is tree damage covered by home insurance in NZ?
Most standard home insurance policies cover sudden and accidental damage to your house or fences caused by fallen trees. However, insurance typically does not cover the cost of removing a tree that has fallen on your land if it hasn’t caused any damage to an insured building.